SIDHU (Migration)

The applicant sought review of a decision concerning his application for a Partner (Temporary) (Class UK) visa (Subclass 820). The primary dispute involved the applicant's failure to meet Schedule 3 criteria, specifically criterion 3001, due to lodging his application outside the prescribed timeframe. The applicant also claimed to have been a victim of family violence and that his relationship with the sponsor had ceased. The matter was before the Tribunal for reconsideration.

The legal issues before the Tribunal were whether the applicant had established "compelling reasons" for the waiver of the Schedule 3 criteria, given that his application was lodged significantly after the expiry of his substantive visa. Additionally, the Tribunal was required to determine if the applicant had suffered family violence, as this was a key element in potentially excusing the late lodgement and satisfying other visa requirements. The Tribunal also considered the impact of the *Waensila* case, which allowed for the submission of compelling reasons up to the time of decision.

The Tribunal reasoned that the applicant had provided evidence of family violence committed by the sponsor during the relationship. It noted that the applicant's claims of family violence, coupled with the cessation of the relationship, were central to his case for a waiver of the Schedule 3 criteria. The Tribunal found that the applicant had met the criteria for suffering family violence under regulation 1.23(3) of the Migration Regulations 1994, as the violence occurred while the de facto relationship existed.

The Tribunal remitted the application for reconsideration with a direction that the applicant met specific criteria for the Subclass 820 visa, including cl.820.221(3) and cl.820.211(2) of Schedule 2 to the Regulations. This indicated that the Tribunal was satisfied with the applicant's claims regarding family violence and compelling reasons for the waiver.