Yamaguchi (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Yamaguchi for a Partner (Temporary) (Class UK) visa (subclass 820). The central issue was whether Ms. Yamaguchi met the Schedule 3 criteria for the visa, as she did not hold a substantive visa at the time of her application. The Tribunal was required to determine if Ms. Yamaguchi satisfied these criteria or if there were compelling reasons to waive them.

The Tribunal examined the specific criteria within Schedule 3. It found that Ms. Yamaguchi satisfied criterion 3001, as her visa application was lodged within 28 days of the relevant day following the cancellation of her previous visa. However, criterion 3003 was found not to apply to her circumstances. The Tribunal then considered criterion 3004, which requires the applicant to demonstrate that their lack of a substantive visa was due to factors beyond their control, that there are compelling reasons for granting the visa, and that they have complied substantially with visa conditions.

In its reasoning, the Tribunal noted that criterion 3004 requires the Minister to be satisfied of several matters, including compelling reasons for not applying the Schedule 3 criteria. The Tribunal concluded that Ms. Yamaguchi had not provided sufficient compelling reasons to justify waiving the Schedule 3 requirements. Consequently, the Tribunal affirmed the decision not to grant the Partner (Temporary) (Class UK) visa.