1714410 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by an applicant who did not hold a substantive visa at the time of application. The primary dispute before the Tribunal was whether the applicant met the Schedule 3 criteria, or if there were compelling reasons for these criteria to be waived. A secondary issue was whether the applicant's case should be referred to the Minister for Home Affairs for potential intervention on public interest grounds.

The legal issues before the Tribunal were twofold: firstly, whether the applicant satisfied the Schedule 3 criteria, specifically criterion 3001, which requires an application to be lodged within 28 days of the "relevant day" (defined as the last day the applicant held a substantive visa); and secondly, if the applicant did not meet these criteria, whether there were compelling reasons to waive them. The Tribunal was also required to consider if there were public interest grounds for recommending ministerial intervention under section 351 of the *Migration Act 1958*.

The Tribunal found that the applicant did not satisfy criterion 3001 as his visa application was lodged on 14 April 2016, more than 28 days after his last substantive visa ceased on 18 July 2014. Consequently, the Tribunal had to consider whether compelling reasons existed to waive the Schedule 3 criteria. The applicant presented several arguments, including a previous homosexual relationship, difficulties in his current relationship, his business acumen and specialised skillset contributing to Australia's construction industry, and significant non-refoulement obligations due to fear of harm if returned to Lebanon. However, the Tribunal determined that these reasons were not sufficiently compelling to justify waiving the Schedule 3 criteria.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa, subclass 820, concluding that the applicant did not meet the necessary criteria for the grant of the visa.