ZOHAIB (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who was an Australian citizen child from the relationship. The decision under review was made by the Migration Review Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 820 visa, particularly in relation to Schedule 3 requirements, and whether these requirements could be waived due to compelling reasons. The Tribunal was required to consider the applicant's circumstances, including the existence of an Australian citizen child from the relationship, and determine if the waiver provisions under Schedule 3 were applicable.

The Tribunal, presided over by Roger Maguire, found that there were compelling reasons to waive the Schedule 3 requirements. The decision noted that the parties were validly married and that the existence of an Australian citizen child from the relationship constituted a significant factor. The Tribunal applied the principles outlined in Schedule 3 of the Migration Regulations 1994, specifically considering the circumstances under which the waiver of certain criteria might be granted.

The Tribunal remitted the application for the Partner (Temporary) (Class UK) visa, with a direction that the applicant meets the criteria specified in cl.820.211(2)(d)(ii) of Schedule 2 to the Regulations. This effectively meant that the application was to be reconsidered by the Minister, with the Tribunal having determined that the Schedule 3 requirements were met or waived.