1610004 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision affirming the refusal of their visa application. The central issue was whether the applicant met the Schedule 3 criteria, and if not, whether there were compelling reasons for those criteria to be waived. The applicant had not held a substantive visa at the time of application, necessitating consideration of Schedule 3 requirements, specifically criteria 3001, 3003, and 3004, unless compelling reasons existed for their non-application.

The Tribunal was required to determine if the applicant satisfied the Schedule 3 criteria, or if compelling reasons justified waiving them. This involved assessing whether the application was lodged within the prescribed timeframe under criterion 3001, and considering the conditions outlined in criteria 3003 and 3004, which relate to factors beyond the applicant's control, compelling reasons for granting the visa, and substantial compliance with visa conditions. The applicant had previously held various substantive visas, with their last one ceasing on 12 January 2012, and had engaged in extensive prior appeals and judicial reviews concerning their migration status.

The Tribunal found that the applicant did not satisfy criterion 3001, as the application was not lodged within 28 days of the "relevant day," which was determined to be the date the applicant last held a substantive visa, 12 January 2012. Consequently, the Tribunal did not need to consider whether there were compelling reasons to waive the Schedule 3 criteria. The Tribunal affirmed the decision not to grant the applicant the Partner visa.