Cuyos (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought a waiver of Schedule 3 criteria, asserting compelling reasons due to the cessation of her relationship with the visa sponsor and allegations of family violence. The Tribunal was required to determine whether the applicant had established compelling reasons for the waiver, whether a de facto relationship of 12 months existed prior to the application, and whether she had suffered family violence perpetrated by her sponsoring partner.

The Tribunal considered the evidence presented, including a court order related to family violence. It was satisfied that a de facto relationship existed at the time of the visa application and that this relationship had ceased. The Tribunal also found that the applicant was sponsored by her de facto partner at the time of application. However, the applicant did not hold a substantive visa at the time of application, meaning she did not meet the Schedule 3 requirements. The Tribunal noted that the 12-month de facto relationship requirement would not apply if compelling and compassionate circumstances were established, or in certain humanitarian visa scenarios, neither of which were evidenced here.

The Tribunal concluded that the applicant had met certain criteria for the Subclass 820 visa, specifically those relating to the existence and cessation of the de facto relationship and sponsorship. However, due to the applicant not holding a substantive visa and the need to fully consider the "compelling reasons" for waiving Schedule 3 criteria in light of the family violence claim, the matter was remitted for reconsideration. The Tribunal directed that the applicant met specific criteria, including those under cl 820.211 and reg 2.03A, but the remaining criteria for the visa were to be considered by the Minister.