1503388 (Migration)

This matter concerned an applicant for a Partner (Temporary) (Class UK) visa who had not held a substantive visa since 23 July 2013. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the Schedule 3 criteria, and if not, whether there were compelling reasons for those criteria not to be applied. The applicant had lodged their visa application more than 28 days after their last substantive visa ceased, meaning they failed to meet Schedule 3 criterion 3001.

The Tribunal considered the meaning of "compelling reasons" in the context of waiving Schedule 3 criteria, noting that such reasons must be sufficiently convincing and the circumstances sufficiently powerful to warrant a waiver. The Tribunal heard oral evidence from both the applicant and the sponsor, finding it consistent. Adverse information previously provided to the Department was put to the applicant, who refuted the allegations with reasonable responses, leading the Tribunal to assign little weight to these allegations. The applicant had arrived in Australia in 2010, married the sponsor in 2013, and received financial support from family.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa. The Tribunal found that the applicant did not meet Schedule 3 criterion 3001, as the application was lodged outside the prescribed 28-day period. While the Tribunal considered the applicant's circumstances and the evidence presented, it concluded that these did not constitute compelling reasons to waive the Schedule 3 criteria.