Le (Migration)

The applicant, Le, sought judicial review of a decision made by the Migration Review Tribunal concerning his Partner (Temporary) (Class UK) visa, subclass 820. The primary dispute revolved around whether compelling circumstances existed to waive the Schedule 3 requirements of the Migration Regulations 1994 (Cth) for his visa application.

The court was required to determine whether the Tribunal erred in law by failing to consider all relevant factors when assessing whether compelling reasons existed to waive the Schedule 3 requirements. Specifically, the court needed to consider if the Tribunal adequately addressed the significance of the DNA evidence confirming the applicant's parentage of his child from a previous relationship and the longevity of his current married relationship with the sponsor.

The court found that the Tribunal had failed to properly consider the compelling circumstances presented by the applicant. The confirmation of parentage through DNA evidence and the established duration of the applicant's marriage were identified as significant factors that warranted a more thorough assessment for the waiver of Schedule 3 requirements. The Tribunal's decision was therefore found to be affected by an error of law.

The decision under review was remitted to the Migration Review Tribunal for redetermination according to law.