Willett (Migration)

This matter concerned an application by Ms Willett for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The primary issue before the Tribunal was whether Ms Willett met the Schedule 3 criteria, or if there were compelling reasons for those criteria not to apply, given she did not hold a substantive visa at the time of her application.

The Tribunal was required to determine if Ms Willett satisfied the Schedule 3 criteria, specifically criterion 3001, which requires an application to be lodged within 28 days of the "relevant day". The Tribunal also considered criterion 3003 and 3004, which involve factors beyond the applicant's control, compelling reasons for granting the visa, and substantial compliance with visa conditions.

The Tribunal found that Ms Willett did not satisfy criterion 3001 as her application was lodged on 16 December 2016, which was more than 28 days after her last substantive visa expired on 16 October 2016. Criterion 3003 was not applicable to her circumstances. The Tribunal noted that the applicant had provided inconsistent information regarding the dates of her de facto relationship and the duration of her marriage, and that she had applied for another visa due to cost.

Ultimately, the Tribunal remitted the application for reconsideration, directing that Ms Willett be taken to meet criterion cl.820.211(2)(d) of Schedule 2 to the Regulations. This indicates that while she failed to meet the strict timeframes of Schedule 3, the Tribunal found sufficient grounds to allow further consideration of her application.