Singh (Migration)

The applicant, Mr. Singh, sought judicial review of a decision by the Administrative Appeals Tribunal concerning his application for a Partner (Temporary) (Class UK) visa, Subclass 820. The central issue was whether the Tribunal erred in its assessment of Mr. Singh's eligibility for the visa, particularly in light of his failure to hold a substantive visa at the time of application and the presence of an Australian citizen child from the relationship.

The court was required to determine whether compelling reasons existed to waive the Schedule 3 requirements, which typically mandate the holding of a substantive visa at the time of application. The court also considered whether the Tribunal had adequately addressed the implications of the Australian citizen child for the assessment of compelling reasons.

The Senior Member, Kira Raif, found that compelling reasons did exist to waive the Schedule 3 requirements, primarily due to the Australian citizen child. Consequently, the Tribunal remitted the application for the visa 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. The Minister was directed to consider the remaining criteria for the Subclass 820 visa.