1828473 (Migration)

The Tribunal considered the case of an applicant for a Partner (Temporary) (Class UK) (Subclass 820) visa. The central dispute concerned whether the applicant met Public Interest Criterion (PIC) 4021, which relates to the requirement of holding a valid passport.

The legal issue before the Tribunal was whether it would be unreasonable to require the applicant to hold a valid passport, as an alternative to meeting the primary requirement of holding such a document. The applicant had arrived in Australia on a Prospective Marriage (Subclass 300) visa in May 2016 with a passport that had 18 months of validity remaining. He explained that he had not renewed his passport because there was no available Angolan Embassy to do so, and he had spent all his money on wedding preparations, making overseas travel to Angola unaffordable. He also stated that he had been informed by Immigration that travel documents could not be issued on a Bridging visa.

The Tribunal found that the applicant's circumstances supported the conclusion that it would be unreasonable to require him to hold a valid passport. The applicant was not working due to the temporary nature of his Bridging visa discouraging permanent employment, and he was experiencing significant financial hardship, having been laid off during the COVID-19 pandemic. He relied on his partner's income and expressed a strong desire to remain in Australia, citing his mother's illness in Angola and his need for medication. Given these factors, the Tribunal concluded that the decision under review should be set aside.