Permanent Partner Visa Secured Through Family Violence Provisions After Relationship Breakdown

Visa TypeSubclass 820 / Subclass 100

CategoryPartner Visa

Case Summary

An applicant on a Subclass 820 Partner Visa whose relationship broke down due to her sponsor's severe mental illness — characterised by virulent verbal abuse and threats of self-harm — was assisted to invoke the family violence provisions and ultimately secured the right to remain in Australia permanently.

Background

Our client had been married to her sponsor for several years and held a Subclass 820 Partner Visa. The relationship broke down as a result of the sponsor's serious mental illness. The applicant and their children were regularly subjected to severe verbal abuse and exposed to repeated threats of suicide. While the couple remained on civil terms, the relationship had clearly ended and the home environment was unsuitable for the children. The breakdown of the relationship placed the applicant at risk of being deported, as she could no longer meet the ongoing relationship requirement of her partner visa. Note: migration legislation has since changed and these applications are now referred to as Family Violence claims rather than Domestic Violence claims.

Challenges

Relationship had broken down, meaning the applicant no longer met the standard partner visa requirements
The sponsor's behaviour — verbal abuse and threats of self-harm — needed to meet the legislative definition of family violence
Non-judicial determination pathway required careful preparation of a standalone argument
Balancing the sensitive family circumstances while building a clear legal case

How We Helped

We advised the applicant to submit a Family Violence argument under the non-judicial determination process, alongside her Subclass 100 Permanent Partner Visa application. We detailed how the sponsor's conduct — the persistent and severe verbal abuse and threats of suicide directed at the applicant and witnessed by the children — came within the relevant legislative definition of family violence. We also argued that enabling the applicant to remain in Australia was in the best interests of the children and would allow her to continue providing support to the former sponsor.

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Key Success Factors

Careful legal analysis establishing that the sponsor's conduct met the legislative definition of family violence
Detailed and compassionate presentation of the circumstances within the family home
Evidence of the applicant's role in caring for both the children and the former sponsor
Use of the non-judicial determination pathway appropriate to the nature of the evidence

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Outcome

The family violence submission was accepted and the applicant was granted the right to remain in Australia permanently.

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