1814651 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant sought review of a decision not to grant the visa. The Tribunal was required to consider whether the applicant met the Schedule 3 criteria, or whether there were compelling reasons for those criteria to be waived, given the applicant did not hold a substantive visa at the time of application.

The primary legal issues before the Tribunal were whether the applicant satisfied the Schedule 3 criteria, specifically criterion 3001, and if not, whether there were compelling reasons to waive these criteria. The applicant's history included a lengthy period of unlawful status in Australia, spanning over four years, during which no attempt was made to regularise her immigration status. The Tribunal also considered the applicant's previous interactions with immigration authorities, which involved a history of misleading information and credibility issues.

The Tribunal found that the applicant did not satisfy criterion 3001 of Schedule 3, as her application was lodged significantly outside the 28-day timeframe following the cessation of her last substantive visa. In assessing whether there were compelling reasons to waive the Schedule 3 criteria, the Tribunal noted that such reasons must be sufficiently convincing and powerful. Given the applicant's extended period of unlawful status and her history, the Tribunal concluded that there were no compelling reasons to waive the Schedule 3 criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.