Vo (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse), by an unlawful non-citizen. The applicant's previous substantive visa had been cancelled more than two years prior to the application being lodged. The Administrative Appeals Tribunal was required to determine whether the applicant met the Schedule 3 criteria for the visa, or if there were compelling reasons for those criteria to be waived.

The primary legal issue before the Tribunal was whether the applicant satisfied the Schedule 3 criteria, specifically criterion 3001, which requires an application to be lodged within 28 days of the relevant day, defined as the last day the applicant held a substantive visa. If the applicant did not satisfy these criteria, the Tribunal also had to consider whether there were compelling reasons to waive them.

The Tribunal found that the applicant did not satisfy criterion 3001 as his application was lodged more than two years after the cancellation of his last substantive visa. In considering whether there were compelling reasons to waive the Schedule 3 criteria, the Tribunal examined the applicant's migration history, noting he had arrived on a Student visa, dropped out of his course within three months, and had not continued his studies. The Tribunal did not accept the applicant's explanation for dropping out, finding it inconsistent with his parents' financial circumstances. Consequently, the Tribunal affirmed the decision not to grant the visa.