Leclair (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa, with the core of the dispute revolving around whether compelling circumstances justified the late lodgement of the application. The applicant and sponsor were of senior age, and the sponsor had medical conditions, with the applicant acting as the main carer.

The Tribunal was required to determine whether the circumstances presented by the applicant constituted "compelling circumstances" that would allow for the late lodgement of the visa application, and if so, to consider the remaining criteria for the Subclass 820 visa.

The Tribunal found that the compelling circumstances, including the senior age of both the applicant and sponsor, the sponsor's medical conditions, and the applicant's role as the main carer, were sufficient to permit the late lodgement. Consequently, the Tribunal remitted the application to the Minister with a direction that the applicant met the criteria specified in cl.820.211(2)(d)(ii) of Schedule 2 to the Regulations, allowing for further consideration of the remaining visa requirements.