SINGH (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision that affirmed the refusal of their visa application. The core of the dispute revolved around whether the applicant was genuinely the spouse of the sponsor and whether the applicant met the Schedule 3 criteria, or if there were compelling reasons to waive them.

The Tribunal was required to determine two primary legal issues. Firstly, it had to assess whether the applicant's relationship with the sponsor was genuine and not contrived for migration purposes, as alleged by the Department. Secondly, the Tribunal needed to consider whether the applicant met the criteria set out in Schedule 3 of the Migration Regulations, or if compelling reasons existed to dispense with those criteria, given the applicant did not hold a substantive visa at the time of application.

In its reasoning, the Tribunal first addressed a claim of actual or perceived bias raised by the applicant's agent concerning the Tribunal's questioning during the hearing. The Tribunal found no bias, noting that it had granted an adjournment and considered all submitted information. Regarding the visa application itself, the Tribunal found that the applicant did not satisfy criterion 3001 of Schedule 3, as the application was lodged more than 28 days after the applicant last held a substantive visa. The Tribunal concluded that there were no compelling reasons to waive the Schedule 3 criteria.

Consequently, the Tribunal affirmed the decision under review, finding that the applicant did not meet the necessary criteria for the grant of the visa.