Partner Visa Family Violence Claims

By June 22, 2019 news

The Federal Circuit Court recently held that a sponsor’s threats to have their partner deported amounted to Family Violence behaviour and were grounds for a positive finding on the grant of a permanent visa to the applicant.

“the threat by a sponsor to have the holder of a subclass 820 visa deported to his or her country of origin in circumstances where the holder is afraid or otherwise unwilling of returning to his or her own country of origin, and the sponsor is aware of the holder’s fear or unwillingness to return to his or her own country of origin, is capable by itself of constituting “relevant domestic violence” as that expression is defined in reg.1.23(2)(b) of the Regulation.” Karsten v Minister for Immigration & Anor [2019] FCCA 1560 (13 June 2019)

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