Cartwright (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by Mr. Cartwright. The primary dispute before the Tribunal was whether Mr. Cartwright met the Schedule 3 criteria for the visa, and if not, whether there were compelling reasons for those criteria not to be applied. The Tribunal, constituted by Steven Griffiths, was required to determine these issues based on the evidence presented.

The legal issues before the Tribunal were twofold: first, whether the applicant satisfied the criteria set out in Schedule 3 of the Migration Regulations 1994, specifically criterion 3001, given that he did not hold a substantive visa at the time of his application; and second, if he did not satisfy those criteria, whether there were compelling reasons for the Minister to exercise discretion and waive the application of those criteria.

The Tribunal found that Mr. Cartwright did not satisfy criterion 3001 of Schedule 3, as his application for the Partner visa was lodged on 29 November 2016, which was more than 28 days after his last substantive visa expired on 26 April 2016. However, the Tribunal then considered whether there were compelling reasons to waive the Schedule 3 criteria. Drawing on established case law, the Tribunal understood "compelling reasons" to mean circumstances sufficiently convincing and powerful to warrant waiving the requisite criteria. The Tribunal noted that such reasons could arise at any time, including after the visa application was made.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister. This decision was made with a direction that Mr. Cartwright was taken to meet the criteria under s.820.211(2)(d)(ii) of Schedule 2 to the Regulations, implying that compelling reasons for waiving the Schedule 3 criteria were found to exist, allowing for further consideration of the remaining visa requirements.