Elhendy (Migration)

The applicant, Elhendy, sought judicial review of a decision by the Administrative Appeals Tribunal concerning her application for a Partner (Temporary) (Class UK) visa, Subclass 820. The Federal Circuit Court remitted the matter for reconsideration. The core of the dispute revolved around the applicant's failure to meet Schedule 3 criteria, specifically lodging her application outside the relevant timeframe, and whether compelling reasons existed for a waiver of these requirements.

The court was required to determine whether the Tribunal had erred in its assessment of the applicant's eligibility for a waiver of Schedule 3 criteria. This involved considering whether the applicant had demonstrated compelling reasons, such as a longstanding genuine relationship, compulsory military service, business affairs in Australia, and the sponsor's medical conditions including anxiety, which necessitated the applicant's presence to provide support and comfort. The court also had to assess whether the applicant played a meaningful parental role in the upbringing of her step-son.

The court found that the applicant had met certain criteria, specifically cl.820.211(2)(d)(ii) of Schedule 2 to the Regulations. Consequently, the court remitted the application for the visa to the Minister for further consideration of the remaining criteria. The Tribunal directed that the applicant meets the specified criteria, indicating a favourable view on those particular aspects of her application.