Partner visa refusal – claims victim of domestic violence failed

Currently (stress on current as the laws might change), if you break up with your sponsor in a partner visa application – you are in bad shape – however, there are various situations where a partner visa can still be granted.

One of those situations is where there was domestic violence.

But – very hard to demonstrate domestic violence if there is no court record, see further for example:

Facts

In this case, this guy applied for a partner visa in 2013, he’s no longer with his partner and his visa subclass 100 was refused. He seeks to prove that he suffers from domestic violence.

But – big but – he didn’t provide any other evidence apart from a statutory declaration – which was not sufficient.

technical stuff: he did not satisfy clause 100.221 of the regulations which requires him to be still in a relationship at the time of decision. And he tries to seek for exception to this rule (clause subclause (4) suffer domestic violence)

Regulation 1.24 provides further details on what evidence should be submitted – stat dec is one of the requirement but everyone should know this – should stress on the evidence as prescribed by the Minister –

Lesson

  • evidence to support domestic violence claim needs to be thick.

 

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