Gonzales (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant. The applicant’s substantive visa had ceased in 2000, and the application was lodged 28 days after the relevant day. The sponsor cited medical conditions and a genuine commitment to the relationship as reasons for the applicant’s eligibility. The decision was made by Kira Raif, Senior Member, of the Tribunal.

The primary legal issue before the Tribunal was whether there were compelling reasons to waive the requirement for the applicant to hold a substantive visa at the time of application, given the delay in lodging the application. The Tribunal was also required to consider the sponsor's medical conditions and the genuineness of the commitment to the relationship in the context of the visa criteria.

The Tribunal found that the circumstances presented by the applicant and sponsor constituted compelling reasons to overlook the absence of a substantive visa at the time of application. The Tribunal applied the principles relating to compelling reasons for waiver in migration law, considering the specific facts of the sponsor's medical conditions and the demonstrated genuine commitment to the relationship.

The Tribunal remitted the application to the Minister with a direction that the applicant met specific criteria for a Subclass 820 visa, namely cl.820.211(2)(a), cl.820.211(d)(ii), and cl.820.221 of Schedule 2 to the Regulations.