Mensah (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant had entered Australia on a visitor visa, which expired, and remained in Australia unlawfully until lodging the partner visa application. The applicant was subsequently granted a Bridging visa C. The central dispute was whether the applicant met the Schedule 3 criteria for the visa application, or if there were compelling reasons to waive these criteria.

The court was required to determine whether the applicant satisfied the Schedule 3 criteria, specifically criterion 3001, which mandates that an application be lodged within 28 days of the "relevant day." The court also considered whether, if the criteria were not met, there were compelling reasons to waive their application, as provided for under the Migration Regulations 1994. The applicant argued that compelling reasons existed due to health issues, caring for the sponsor, and work-related travel.

The Tribunal found that the applicant's last substantive visa expired on 9 October 2015, which constituted the "relevant day" for the purposes of criterion 3001. As the partner visa application was lodged on 27 August 2016, it was not made within the required 28-day period. Consequently, the applicant failed to satisfy criterion 3001. The Tribunal did not proceed to consider whether there were compelling reasons to waive the Schedule 3 criteria, as the primary criterion had not been met.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.