2107016 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant had failed to disclose details of a previous relationship and a prior Subclass 300 visa application, leading to concerns about the provision of false or misleading information. The decision was made by Senior Member Jennifer Cripps Watts of the Tribunal.

The central legal issue before the Tribunal was whether the visa applicant met Public Interest Criterion (PIC) 4020, as required by clause 820.226 of the Migration Regulations 1994. This criterion mandates that there be no evidence of the applicant providing false or misleading information in relation to the current application or a previous visa held within the preceding 12 months. It also requires that the applicant has not had a visa refused due to a failure to satisfy PIC 4020(1) within the three years prior to the application, subject to certain age exceptions. The Tribunal also considered the provisions for waiving PIC 4020(1) and (2) in cases of compelling or compassionate circumstances.

The Tribunal reasoned that while the applicant had indeed provided information that was false or misleading in a material particular, specifically by failing to disclose a previous relationship and a Subclass 300 visa application, the requirements of PIC 4020(1) and (2) could be waived. The Tribunal found that there were compassionate and compelling circumstances justifying the grant of the visa, relating to the sponsor’s mental health. Consequently, the Tribunal concluded that the applicant satisfied PIC 4020 for the purposes of clause 820.226.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration. The direction was that the applicant meets the criteria for the visa, specifically Public Interest Criterion 4020.