Prospective marriage visa and envoking family violence provisions - visa granted
May 4, 2011 – Unreported Case
The applicant arrived in Australia on a prospective marriage visa. Upon arrival into Australia, the applicant’s sponsor subjected the applicant to mental and physical abuse and forced the applicant to work in an occupation where her moral principles were compromised. The applicant and the sponsor subsequently ended their relationship. We engaged the family violence provisions which allow for people to continue applying for permanent residency even after the breakdown of the spousal relationship. We submitted that whilst the applicant did experience family violence as a result of the acts perpetrated by her former spouse, there was still evidence of a genuine spousal relationship, and that would justify the grant of the visa.
The argument was acknowledged and the visa was granted to the applicant.