1902629 (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant sought review of the delegate's decision to refuse the visa. The primary dispute concerned whether the applicant met the criterion requiring compelling reasons for not applying for the visa within 28 days of their last substantive visa expiring.

The Tribunal was required to determine if the applicant had established compelling reasons for the delay in lodging their visa application. This involved assessing the applicant's claims regarding the sponsor's mental health, the applicant's relationship with their step-child, and a fear of persecution in their home country. The Tribunal also had to consider the credibility of these claims, particularly in light of a previous protection visa application that had been refused and affirmed, and the timing of the relationship formation in relation to the expiry of the applicant's student visa and the subsequent protection visa application.

The Tribunal found that the applicant had not satisfied the criteria for the grant of the visa. While acknowledging the sponsor's mental health issues and the applicant's relationship with their step-child, the Tribunal was not satisfied that these factors, in conjunction with the fear of persecution, constituted compelling reasons for the delay in lodging the visa application. The Tribunal also had regard to the timing of the sponsor's treatment and the applicant's previous unsuccessful protection visa application, which raised credibility concerns. Consequently, the Tribunal affirmed the delegate's decision not to grant the visa.