Singh (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820, made by Mr Singh. The primary issue before the Tribunal was whether Mr Singh met the Schedule 3 criteria for the visa, or if not, whether there were compelling reasons to waive these criteria. Mr Singh had not held a substantive visa at the time of his application, which necessitated meeting Schedule 3 criteria 3001, 3003, and 3004, unless the Minister was satisfied that compelling reasons existed for not applying them.

The Tribunal was required to determine if Mr Singh satisfied Schedule 3 criterion 3001, which mandates that an application be lodged within 28 days of the "relevant day." The "relevant day" was defined in the regulations, and in Mr Singh's case, it was the day he last held a substantive visa. The Tribunal also had to consider whether, if Mr Singh failed to meet the Schedule 3 criteria, there were compelling reasons to waive their application, a concept requiring sufficiently convincing circumstances to warrant the exercise of discretion.

The Tribunal found that Mr Singh's substantive visa ceased on 27 October 2010, and he lodged his Partner visa application on 1 May 2012. This meant he did not meet the 28-day timeframe stipulated by Schedule 3 criterion 3001. As he failed to satisfy one of the mandatory Schedule 3 criteria, it was unnecessary to consider the remaining criteria. The Tribunal then considered the concept of "compelling reasons" for waiving the criteria, noting that such reasons must be sufficiently powerful to lead a decision-maker to exercise their discretion in favour of the applicant, citing established case law.

Ultimately, the Tribunal affirmed the decision not to grant Mr Singh the Partner (Temporary) (Class UK) visa, concluding that he did not satisfy the necessary criteria for its grant.