The applicant and the sponsor had been married for several years and the applicant was on a Subclass 820 Partner Visa. However, there had been a breakdown in the relationship because of the sponsor’s mental illnesses. The applicant and the children were often subject to virulent verbal abuse from the sponsor as well as witness to constant threats of suicide. Whilst the sponsor and applicant remained on good terms, it was clear that the relationship had broken down and the environment was not ideal for the couple’s young children.

The issue for the applicant was that, because the relationship had broken down, she no longer met the requirements of her Partner Visa and she was in danger of being deported.

We advised the applicant to submit a Domestic Violence argument for a non-judicial determined case in addition to her 100 visa application. We outlined how the sponsor’s behavior towards the applicant fell within the definition of the term “domestic violence” for the purposes of the legislation. We argued that she should be granted a 100 Visa in order to stay in Australia and continue to look after her children, as well as provide assistance to her ex-partner with whom she still remained in close contact with.

Our submission was successful and the applicant was able to remain in Australia.

* It is noted that Migration legislation has changed, and these applications are now referred to as Family Violence claims, rather than Domestic Violence claims.