Singh (Migration)

This matter concerned an appeal by Mr Singh against a decision of the Migration Review Tribunal regarding his application for a Partner (Temporary) (Class UK) Subclass 820 (Spouse) visa. The core dispute revolved around whether Mr Singh met the Schedule 3 criteria for the visa, and if not, whether there were compelling reasons to waive those criteria.

The Federal Circuit Court was required to determine if the Migration Review Tribunal had erred in its assessment of the Schedule 3 criteria and the existence of compelling reasons for their waiver. Specifically, the court needed to consider whether the Tribunal’s finding of compelling reasons was supported by the evidence and the relevant legal principles.

The Tribunal found that the parties did not meet the Schedule 3 criteria but that compelling reasons existed not to apply them. This conclusion was based on evidence, including DNA sampling and a birth certificate, which established that the applicant and his partner had a child together. The Tribunal reasoned that maintaining and uniting families is in the best interests of Australians and that the emotional support provided by the applicant to his wife and child constituted a compelling reason to waive the Schedule 3 requirements.

Consequently, the Tribunal found that a compelling reason existed to not apply the Schedule 3 criteria, meaning the applicant met clause 820.211(2)(d)(ii). The application was remitted to the Minister for reconsideration of the remaining criteria for a Subclass 820 visa.