Sok v Minister for Immigration and Citizenship

Citizenship and migration – Visa - Spouse visa - Non-judicially determined claim of domestic violence - Grant of relevant permanent visa required visa applicant to remain spouse of sponsor at time of grant - Exception where relationship had ceased and visa applicant had suffered domestic violence committed by sponsoring spouse - Minister's delegate not satisfied applicant was spouse of sponsor - Grant of visa refused - After Minister's refusal, applicant claimed to have suffered domestic violence - Timing of claim - Whether domestic violence exception can be engaged where applicant first raises domestic violence claim in application to Migration Review Tribunal ("Tribunal") for review of Minister's refusal - Whether Div 1.5 of Migration Regulations 1994 (Cth) ("Regulations") applies to review by Tribunal or confines criteria for grant of visa to claims before original decision-maker.

Citizenship and migration – Visa - Spouse visa - Non-judicially determined claim of domestic violence - Conduct of review by Tribunal - Tribunal to exercise powers and discretions conferred by Migration Act 1958 (Cth) ("Act") on Minister - Under Div 1.5 of Regulations, Minister must be satisfied applicant suffered domestic violence - If not satisfied, Minister must take opinion of independent expert as correct - Whether Tribunal can reach state of non- satisfaction without permitting applicant to appear before Tribunal to give evidence and present arguments under s 360 of Act - Whether review conducted in accordance with requirements of Div 5 of Pt 5 of Act - Whether opinion of independent expert dispositive.

Words and phrases – "non-judicially determined claim of domestic violence", "not satisfied", "relevant domestic violence", "spouse".

Migration Act 1958 (Cth) – ss 348, 357A(1), 359, 360.

Migration Regulations 1994 (Cth) – reg 1.15A, Div 1.5, Sched 2 cl 100.221.