1709523 (Migration)

The applicant sought review of a decision to affirm the refusal of a Partner (Temporary) (Class UK) visa (subclass 820). The primary issue before the Tribunal was whether the applicant met the Schedule 3 criteria, or if there were compelling reasons for these criteria to be waived, given that the application was lodged outside the prescribed timeframe.

The legal issues before the Tribunal were whether the applicant satisfied the requirements of Schedule 3 of the Migration Regulations 1994, specifically criterion 3001, and if not, whether there were compelling reasons to waive these criteria. Schedule 3 criteria apply to applicants who do not hold a substantive visa at the time of application. Criterion 3001 requires that the visa application be lodged within 28 days of the "relevant day," which is defined by the applicant's visa history.

The Tribunal found that the applicant did not satisfy criterion 3001 because his Partner visa application, lodged on 13 February 2017, was not made within 28 days of his last substantive visa expiring on 4 April 2011. The Tribunal then considered whether there were compelling reasons to waive these criteria, noting that "compelling reasons" are not defined but must be sufficiently convincing and powerful to warrant a waiver. The Tribunal affirmed the decision not to grant the visa.