Thota (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, brought before the Tribunal by Mr. Thota. The central dispute revolved around whether the applicant met the compelling reasons required for a waiver of Schedule 3 criteria, as he did not hold a substantive visa at the time of his application. The sponsor, Ms. Mendoza, was an Australian citizen.

The Tribunal was required to determine if there were compelling reasons for not applying the Schedule 3 criteria to Mr. Thota's application. This involved assessing whether the applicant satisfied the requirements of Schedule 3, specifically criterion 3001, which pertains to the timeframe for lodging the application relative to the "relevant day" as defined in the regulations. The Tribunal also considered the oral evidence provided by the sponsor's son and daughter-in-law regarding the genuine and supportive nature of the relationship, including its impact on the sponsor's physical and mental health and the emotional hardship that would result from separation.

The Tribunal reasoned that while the applicant did not meet the strict timeframe for criterion 3001, the evidence presented, including joint financial documents and testimony about the depth of the relationship, established compelling reasons for a waiver. The Tribunal found that the relationship was one of trust and mutual support, crucial for the sponsor's well-being, and that separation would cause significant emotional hardship. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant met criterion cl.820.211(2)(d)(ii) of Schedule 2 to the Regulations.