Dhaliwal (Migration)

The Administrative Appeals Tribunal affirmed a delegate's decision to refuse the applicant a Partner (Temporary) (Class UK) visa. The applicant had applied for the visa more than 28 days after their last substantive visa expired.

The Tribunal was required to determine whether there were compelling reasons to waive the criterion that an application for this visa class must be made within 28 days of the last substantive visa. The Tribunal also considered the provisions of Schedule 3 of the Migration Regulations 1994, which set out criteria that must be satisfied if an application is made after the expiry of a substantive visa.

The Tribunal noted that it had invited the applicant to provide information regarding compelling reasons for the delay in lodging the application and to address the Schedule 3 criteria. As no response was received from the applicant, the Tribunal concluded that the applicant had not satisfied the criteria for the grant of the visa. The Tribunal affirmed the delegate's decision.