The applicant and sponsor had been married for a couple of years and the applicant was on a subclass 820 visa. There was a break down in the relationship due to the sponsor sexually abusing the applicant.

The issue was the sponsor lodged a divorce application at the Family Court as well as notifiying the department the relationship had broken down and withdrew sponsorship without the applicant’s knowledge.

We submitted the applicant had suffered from family violence on a number of occasions between the applicant and the sponsor. On the history gained through the reports of competent professionals, there was evidence of both the emotional and psychological impacts upon the applicant of the behaviour by the sponsor. For these reasons alone, the applicant was entitled to retain permanent residency despite the fact the relationship with the sponsor had broken down.