Zarrami (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered the case of Zarrami, an applicant for a Partner (Migrant) (Class BC) visa, subclass 100. The applicant claimed that the relationship had ceased due to family violence committed by the sponsor. The Tribunal was tasked with determining whether the applicant had established a claim of relevant family violence.

The central legal issue before the Tribunal was whether the applicant had provided sufficient evidence to demonstrate that they had suffered relevant family violence, as defined by the Migration Regulations 1994. This involved assessing the validity and relevance of statutory declarations and expert reports concerning the alleged family violence, particularly in light of previous findings by independent experts and tribunals that no such violence had occurred. The Tribunal also had to consider the application of Regulation 1.23, which outlines the circumstances under which a person is taken to have suffered or committed family violence, including non-judicially determined claims.

The Tribunal reasoned that while the applicant claimed to have suffered family violence, this claim had not been substantiated by the evidence. Despite the applicant's assertion of injustice by previous experts, no further information was provided to support their claim. The Tribunal found that one of the s.375A certificates, relating to the initial referral to an independent expert, was not valid because the applicant was already aware of the referral and had been given an opportunity to comment on the resulting report, which found no relevant family violence. However, a second s.375A certificate, relating to information provided by the sponsor about the relationship ending, was considered valid as it protected confidential information adverse to the applicant and its disclosure was not in the public interest. Ultimately, the Tribunal concluded that the applicant had not met the essential criteria for the visa, specifically cl.100.221(4)(b) and (c), as the claim of family violence was not established.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Migrant) (Class BC) visa.