Wang (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application by Ms Wang for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). Ms Wang had not held a substantive visa at the time of her application. The primary issue before the Tribunal was whether there were compelling circumstances to justify a waiver of the Schedule 3 criteria, which typically apply when an applicant does not hold a substantive visa at the time of application.

The Tribunal was required to determine whether the circumstances presented by Ms Wang, specifically concerning financial hardship and the duration of her relationship with her partner, constituted compelling reasons to waive the Schedule 3 requirements. The Tribunal also had to consider the overall merits of the application in light of these circumstances.

In its reasoning, the Tribunal acknowledged the financial hardship Ms Wang had experienced, noting that it was a significant factor. However, it found that the duration of the relationship, while relevant, was not of itself sufficient to establish compelling circumstances for a waiver. The Tribunal ultimately concluded that the decision under review, which had refused the visa, was not affected by an error of law and that the applicant had not demonstrated compelling circumstances to waive the Schedule 3 criteria. The Tribunal therefore remitted the decision to the delegate for reconsideration.