Liu (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Partner), made by the applicant, Liu. The primary dispute revolved around the applicant's failure to make the application within the prescribed timeframes, necessitating a waiver of Schedule 3 criteria under the *Migration Regulations 1994*. The decision was made by Member Helen Kroger.

The legal issues before the Tribunal were whether the applicant had established compelling reasons for the waiver of Schedule 3 criteria, specifically in relation to the birth of a child to the relationship and the unreasonableness of relocating offshore. The Tribunal was required to consider the applicant's circumstances in light of the provisions of Schedule 3, which impose additional criteria for visa applications made after the applicant has ceased to hold a substantive visa or has entered Australia unlawfully.

Member Kroger reasoned that the birth of a child to the relationship, supported by a DNA test confirming paternity, constituted a compelling reason for the waiver. Furthermore, the Tribunal found that requiring the applicant to relocate offshore with the child, given the circumstances, would be unreasonable. Consequently, the Tribunal determined that the application should be remitted to the Minister for consideration of the remaining criteria for the subclass 820 visa.