Ilyas (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant's application was made more than 28 days after their last substantive visa ceased. While the relationship was registered, the evidence provided regarding the financial, household, and social aspects of the relationship, as well as the nature of the commitment, was limited. The Tribunal also noted that the applicant's former partner exhibited anti-social and aggressive behaviour, leading to the cessation of the relationship and withdrawal of sponsorship. Family violence was referred to but not formally claimed. The applicant subsequently entered into a new relationship, married, and had a child.

The primary legal issue before the Tribunal was whether to exercise its discretion to refer the applicant's case for ministerial consideration under the guidelines set out in the Department's Procedures Advice Manual (PAM3). This consideration was in the context of the applicant's failure to meet the standard criteria for the visa, including the timing of the application and the limited evidence of the relationship's genuineness. The Tribunal was required to assess whether the circumstances warranted a referral for the Minister's discretionary power to grant a visa outside the usual criteria.

The Tribunal carefully considered the applicant's case against the relevant ministerial guidelines. It concluded that the circumstances did not warrant a referral for ministerial consideration. The Tribunal affirmed the delegate's decision not to grant the visa. However, the Tribunal noted that the applicant retained the ability to make a direct request to the Minister for consideration of their case. The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.