Catchwords:

MIGRATION – partner visa – onshore application not made in time to comply with Schedule 3 criteria – Tribunal determined that no “compelling reasons” to waive criteria – appellant father of citizen child of sponsor – relevance of UN Convention on the Rights of the Child – whether rights of the child “as a primary consideration” is a mandatory relevant consideration – whether Peko-Wallsend test applied based on particular circumstances of particular case – appeal dismissed