Jackman (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review by an Irish citizen (the applicant) concerning the refusal of a Partner (Temporary) (Class UK) visa. The applicant had been in Australia since 2009, initially on a Working Holiday visa, and subsequently remained in Australia as an unlawful non-citizen before being granted a Bridging visa E pending the determination of his Partner visa application. The sponsor was an Australian citizen. The applicant sought a waiver of Schedule 3 criteria, citing compelling reasons including emotional hardship, the genuine and continuing nature of his relationship with the sponsor, the sponsor's health, and financial hardship due to a recession in Ireland.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for a waiver of Schedule 3 requirements for the Partner (Temporary) visa. This involved assessing whether there were compelling reasons for granting the visa, considering factors such as emotional hardship, the genuineness of the relationship, and the sponsor's circumstances, as well as whether the applicant's failure to meet Schedule 3 criteria was due to factors beyond his control. The Tribunal also considered the evidence presented, including written submissions, statutory declarations, letters of support, and various medical and financial documents pertaining to both the applicant and the sponsor.

The Tribunal affirmed the delegate's decision to refuse the visa. It found that the applicant had not demonstrated compelling reasons for a Schedule 3 waiver. While acknowledging the existence of a relationship and some evidence of its genuineness, the Tribunal was not satisfied that the emotional hardship claimed, the sponsor's health issues, or the financial difficulties in Ireland constituted compelling reasons that outweighed the failure to meet the Schedule 3 criteria. The Tribunal concluded that the applicant had not met the threshold for a waiver, and therefore did not satisfy the requirements for the grant of the visa.