Bedi (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant had established compelling reasons for not having applied for the visa within 28 days of their last substantive visa ceasing to be in effect, as required by cl.820.211(2)(d)(ii) of Schedule 2 to the Migration Regulations 1994. The Tribunal also had to consider the criteria relating to the applicant's Australian citizen child born of the relationship.

The Tribunal found that the applicant met the criteria under cl.820.211(2)(d)(ii) of Schedule 2 to the Regulations, indicating that compelling reasons were established for the late application. Consequently, the Tribunal remitted the application for the visa to the Minister for further consideration of the remaining criteria.