Waweru (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by Mr. Waweru. The primary dispute before the Tribunal was whether Mr. Waweru met the Schedule 3 criteria, and if not, whether there were compelling reasons for those criteria to be waived. The Tribunal was required to determine if Mr. Waweru was the de facto partner of the sponsor, Ms. Alver, and if compelling reasons existed to waive the Schedule 3 requirements, given that Mr. Waweru was not the holder of a substantive visa at the time of his application.

The Tribunal's reasoning focused on the interpretation and application of the Migration Regulations 1994, specifically concerning Schedule 3 criteria and the definition of a de facto relationship. The court considered the extensive evidence provided by the applicant, which included financial documents, joint tenancy agreements, correspondence, and statements from friends and family, all aimed at demonstrating the genuine and ongoing nature of the de facto relationship. The Tribunal found that the applicant's circumstances, including the emotional and physical support provided to the sponsor and the potential hardship to the sponsor if separated from the applicant, constituted compelling reasons for the waiver of Schedule 3 criteria.

Ultimately, the Tribunal concluded that the application should be remitted for reconsideration. The direction was that the applicant met the relevant criteria for a Subclass 820 visa, including those pertaining to de facto partnership and the waiver of Schedule 3 requirements, based on the evidence presented.