MOKTAN (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (subclass 820) by a 32-year-old Nepalese national. The applicant sought review of a decision to affirm the refusal of his visa application. The core of the dispute revolved around the applicant's failure to meet Schedule 3 criteria, which require compelling reasons for a waiver when an application is lodged outside the prescribed timeframe. The applicant's sponsor was an Australian permanent resident.

The Tribunal was required to determine whether the applicant had provided sufficient compelling reasons to justify a waiver of the Schedule 3 criteria. This involved assessing the genuineness and duration of the relationship, the financial aspects, the social aspects, and the nature of the commitment between the applicant and his sponsor. The Tribunal also considered the applicant's claims of being a victim of domestic violence and actively trying to conceive a child, as well as the sponsor's alleged emotional and psychological dependence.

In its reasoning, the Tribunal considered the extensive documentation and evidence presented, including joint financial documents, photos, and statements from friends. It noted that the applicant and sponsor claimed to have met in 2009 and commenced their relationship in 2014, marrying in December 2014. The Tribunal also took into account the sponsor's previous marriage and divorce. Despite submissions arguing for compelling reasons, including the sponsor's alleged dependence and financial obligations, the Tribunal ultimately found that the applicant did not meet the criteria for the grant of the visa, specifically referencing clause 820.211(2)(d)(ii).

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