The Full Court of the Federal Court issued a decision on Friday 11 March which holds that the Department's discretion not to apply Schedule 3 criteria in partner visas is not limited to consideration only of "compelling and compassionate circumstances" which were in existence at the time of the application.
Under this ruling, the Department (and the Tribunal) are required to take into account circumstances which arose after the application was made but before the application was determined.
This decision obviously has immense significance for people who do not hold substantive visas at the time that they are making onshore applications for partner visas, and for RMAs who are advising them.
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