Singh (Migration)

This matter concerned an application by Mr Singh for a Partner (Temporary) (Class UK) visa, Subclass 820. The Federal Circuit Court had remitted the matter for further consideration by the Tribunal. The core of the dispute revolved around Mr Singh's eligibility to have the Schedule 3 criteria waived, given his long-standing relationship with his Australian citizen wife and their shared financial commitments.

The Tribunal was required to determine two primary issues: first, whether Mr Singh satisfied the Schedule 3 criteria, and second, if he did not, whether there were compelling reasons for those criteria not to apply. Mr Singh's representative argued for a waiver of the Schedule 3 criteria, citing his continuous lawful status, the duration of his marriage (5.5 years), the fact that their home was jointly dependent on his income, the emotional hardship of separation, and the practical difficulties his wife would face if he were to apply offshore.

The Tribunal found that Mr Singh did not satisfy the Schedule 3 criteria because his application was lodged more than 28 days after the expiry of his last substantive visa. However, in considering the second issue, the Tribunal noted that the Explanatory Statement to the relevant regulations identified a long-standing relationship of at least two years as a possible compelling reason for waiving Schedule 3 criteria, due to the hardship that could result from non-waiver. The Tribunal concluded that the application should be remitted for consideration of the remaining criteria for a Subclass 820 visa, with a direction that Mr Singh met certain specified criteria.