Carman (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, where the applicant sought a waiver of Schedule 3 criteria. The applicant contended that compelling reasons, specifically the imminent birth of their child and a long-standing relationship, justified the waiver. The Tribunal was required to determine whether these circumstances constituted "compelling reasons" for a waiver, and whether the applicant met the criteria for a genuine de facto relationship.

The Tribunal considered the Explanatory Statement to the Migration Regulations (Amendment) 1996 NO. 75, which indicated that reasons for a waiver should be of a "strongly compassionate nature." Clause 10.1 of Schedule 2 provided examples, including long-standing relationships of two years or more. The Tribunal found that the parties' relationship, which had existed for over seven years, coupled with the imminent birth of their child, presented highly compelling and compassionate circumstances affecting the interests of Australian citizens, thus justifying a waiver of the Schedule 3 requirements. Furthermore, the Tribunal assessed the evidence regarding the financial aspects of the relationship, the nature of the household, and the social aspects, finding that the parties pooled financial resources, shared household responsibilities, and had lived together continuously since 2017, demonstrating a genuine de facto relationship.

Consequently, the Tribunal remitted the application for the Partner (Temporary) (Class UK) visa to the Minister. The direction was that the review applicant met the criteria specified in cl 820.211(2), cl 820.221(1) of Schedule 2 to the Regulations, and reg 2.03A, allowing for consideration of the remaining visa criteria.