ALI (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) by an applicant who did not hold a substantive visa at the time of application. The applicant had lodged the application more than 28 days after the "relevant day" as defined by the Migration Regulations 1994, and therefore did not meet Public Interest Criterion 3001. The Administrative Appeals Tribunal was required to consider whether there were compelling reasons to waive this criterion.

The primary legal issue before the Tribunal was whether the applicant satisfied the Schedule 3 criteria, specifically criterion 3001, or whether compelling reasons existed for those criteria to be waived. The applicant had a complex migration history involving multiple visa applications and refusals, and had remained in Australia unlawfully for a significant period before lodging the Partner visa application. The Tribunal had to determine if the circumstances presented by the applicant constituted "compelling reasons" for the waiver of the Schedule 3 requirements.

The Tribunal reasoned that to satisfy criterion 3001, the visa application must be lodged within 28 days of the "relevant day," which is defined by the regulations. The applicant's last substantive visa expired on 30 August 2013, and the Partner visa application was lodged on 27 October 2015. As this was outside the 28-day timeframe, the applicant did not meet criterion 3001. The Tribunal then considered whether there were compelling reasons to waive this criterion, but the provided text does not detail the specific arguments or evidence presented by the applicant regarding compelling reasons, nor the Tribunal's findings on this aspect.

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