Singh (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Partner (Temporary) (Class UK) visa (subclass 820). The applicant claimed to be the spouse of an Australian citizen. The primary issue before the Tribunal was whether the applicant met the criteria for the visa, specifically whether the relationship was genuine and continuing, and whether there were compelling reasons for not applying the Schedule 3 criteria, given the applicant did not hold a substantive visa at the time of application.

The Tribunal was required to determine if the applicant satisfied clause 820.211(2)(a) of the Migration Regulations 1994, which necessitates that the applicant be the spouse or de facto partner of an eligible sponsor at the time of application. Furthermore, the Tribunal had to consider whether compelling reasons existed to waive the Schedule 3 criteria, which typically apply when an applicant does not hold a substantive visa at the time of their visa application.

In its reasoning, the Tribunal accepted that the parties were validly married based on the provided marriage certificate. However, the Tribunal found that adverse evidence regarding the sponsor's different address indicated that the relationship was not genuine and was entered into solely for the purpose of obtaining a migration outcome. Consequently, the Tribunal was not satisfied that the applicant met the requirements of clause 820.211(2)(a) and that compelling reasons existed to disregard the Schedule 3 criteria. The Tribunal affirmed the decision not to grant the visa.