Dang (Migration)

The Administrative Appeals Tribunal considered the application of Ms Dang for a Partner (Temporary) (Class UK) visa, subclass 820. The primary issue before the Tribunal was whether Ms Dang satisfied the Schedule 3 criteria for the visa, specifically concerning her lack of a substantive visa at the time of application, and whether there were compelling reasons to waive these criteria.

The Tribunal was required to determine if the circumstances presented by Ms Dang constituted compelling reasons for the waiver of the Schedule 3 criteria. These circumstances included the financial dependence of her sponsor on Ms Dang and the sponsor's pregnancy, raising considerations regarding the welfare of the sponsor and the unborn child.

In its reasoning, the Tribunal acknowledged that while Ms Dang did not hold a substantive visa at the time of her application, the welfare of the sponsor and the child were compelling circumstances that warranted consideration for a waiver of the Schedule 3 requirements. The Tribunal found that these factors weighed in favour of granting the visa. Consequently, the Tribunal remitted the decision to the delegate with a direction to grant the visa.