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Family Violence Submission

The applicant was a citizen of south-east Asian country and had been in Australia on a subclass 820 visa. The applicant’s relationship with the sponsor had broken down due to family violence.

The applicant wished to retain her permanent residency despite the fact the relationship with her former partner had broken down for these reasons:

1. The applicant was genuinely in love with the sponsor when they started the relationship and eventually began living in a married life. They sacrificed their scholarship offer to move to Australia to be with the sponsor.

In order for the application to succeed, the applicant needed to show compelling reasons which justified to waiver the Partner Visa Application in addition to the requirements needed for Form 1040, Statutory Declaration relating to family violence.

2. The applicant did not marry the sponsor to obtain Australian citizenship. They were adamant that they could have progressed through their studies, achieved excellent results and prestigious employment and become an asset to Australia in their own right.

We submitted evidence there were multiple accounts of family violence between the applicant and the sponsor. On the history gained during the assessments and through the documents and photos used in the tribunal, the applicant experienced Family Violence, consistent with the definition of family violence in the Migration Regulations (1.21(1), with the sponsor as the perpetrator of said violence).

The tribunal is currently assessing the arguments of this case and is determining whether the applicant falls within the family violence provisions, and as such, is entitled to retain her permanent residency despite the relationship with the sponsor has dissolved.

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