Fu (Migration)

The Administrative Appeals Tribunal (the Tribunal) reviewed a decision concerning an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who was not the holder of a substantive visa at the time of application. The applicant had an Australian citizen child from the relationship.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Schedule 3 of the Migration Regulations 1994, specifically concerning the waiver of these requirements due to compelling reasons. The Tribunal was required to determine if the circumstances of the applicant, including the existence of an Australian citizen child, constituted compelling reasons to waive the Schedule 3 criteria.

The Tribunal found that compelling reasons existed for the waiver of the Schedule 3 requirements. This finding was based on the applicant's circumstances, including the presence of an Australian citizen child. Consequently, the Tribunal determined that the appropriate course of action was to remit the application for the visa to the Minister for further consideration of the remaining criteria for a Subclass 820 visa.