Adam (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) where the applicant did not hold a substantive visa at the time of application. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant met the Schedule 3 criteria or if there were compelling reasons for those criteria to be waived. The applicant’s last substantive visa expired on 13 May 2015, and the application was lodged on 6 September 2016, meaning the applicant failed to meet criterion 3001, which requires applications to be lodged within 28 days of the relevant day.

The Tribunal considered whether compelling reasons existed to waive the Schedule 3 criteria, noting that such reasons must be sufficiently convincing and the circumstances powerful enough to warrant a waiver. The applicant submitted that compelling reasons arose from emotional hardship, specifically the sponsor's mental health issues, depression, and anxiety, requiring the applicant's presence for support. The applicant also argued that the children would be affected by their departure. However, the Tribunal found that the applicant did not satisfy the Schedule 3 criteria, and the presented circumstances did not constitute compelling reasons for a waiver.

Ultimately, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa. The applicant failed to meet the requirement of lodging the application within 28 days of the relevant day, and the Tribunal concluded that the asserted emotional hardship, including the sponsor's mental health concerns, did not provide compelling reasons to waive the Schedule 3 criteria.