Case Highlights That Schedule 3 Waivers Are Not Easily Granted
What types of circumstances will be considered “compelling reasons” for not applying the criteria of Schedule 3, and thereby enabling an applicant for a Partner visa to remain onshore while the application is being processed?
This question is of more than passing interest, as of course it is not at all uncommon for a person who no longer holds a substantive visa to apply for a Partner visa more than 28 days after the prior substantive visa ceased. In fact, it is a common occurrence that Partner visa applications will be made by applicants many years after their visas have expired, isn’t it?
So a case that was recently decided by the Federal Circuit Court, Prempree v Minister for Immigration & Anor (2017) FCCA (17 February 2017) provides some useful guidance to the question, and identifies some circumstances that may not amount to “compelling reasons” for the grant of a “waiver” of Schedule 3 criteria.
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