Daneshpour (Migration)

The applicant, Mr. Daneshpour, sought review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of his Partner (Temporary) (Class UK) visa (subclass 820). The application for the visa had been lodged outside the prescribed timeframe, meaning the applicant was required to demonstrate compelling reasons for the delay and that he was in a genuine and long-term relationship with his sponsor. The Federal Circuit Court had previously remitted the matter to the AAT for reconsideration.

The primary legal issue before the AAT was whether the applicant had satisfied the Schedule 3 criteria, specifically the requirement to demonstrate compelling reasons for lodging the application outside the specified period. This involved assessing the evidence presented regarding the genuineness and long-term nature of the relationship, the sponsor's health condition, the potential impact of separation, and the prevailing COVID-19 situation in Iran.

The Senior Member found that the evidence before the Tribunal was limited and insufficient to establish compelling reasons for the late lodgement. While acknowledging the sponsor's health condition and the COVID-19 situation in Iran, these factors were not considered sufficiently compelling to overcome the failure to meet the lodgement timeframe. The Tribunal concluded that the applicant had not satisfied the criteria for the grant of the visa.

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