Singh v Minister for Immigration

In *Singh v Minister for Immigration*, the applicant, Mr. Singh, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the Minister's refusal to grant him a Partner visa. The core of the dispute concerned whether compelling reasons existed to waive the Schedule 3 criteria, which Mr. Singh had failed to meet at the time of his visa application.

The Federal Circuit Court was required to determine whether the AAT had erred in law by finding that there were no compelling reasons to waive the Schedule 3 criteria. Specifically, the court considered whether the AAT's findings were reasonably open on the evidence before it, and whether the AAT had properly applied the relevant legislative provisions and policy guidelines concerning the waiver of Schedule 3 requirements in Partner visa applications.

Judge Egan found that the AAT's decision was open on the evidence. The Tribunal had considered the submissions made by Mr. Singh regarding his circumstances, including his financial hardship and the length of his relationship with his sponsor. However, the AAT concluded that these circumstances did not constitute "compelling reasons" as contemplated by the *Migration Regulations 1994* (Cth) for a waiver of the Schedule 3 criteria. The court held that the AAT had applied the correct legal test and that its findings were supported by the evidence presented.

The application for judicial review was dismissed.