Abdulkader (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100, where the applicant's character was in question. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced their criminal history. Specifically, the Tribunal had to determine if the applicant had satisfied the requirements of Regulation 2.03AA(2)(a) of the Migration Regulations 1994.

The Tribunal found that the applicant had provided an Australian Federal Police Certificate dated 26 May 2023. As this certificate recorded no convictions, the Tribunal concluded that the applicant had indeed provided a statement from an appropriate authority, thereby satisfying Regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence that a request for an approved Form 80 had been made by the delegate, meaning Regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for a Partner (Migrant) (Class BC) visa for reconsideration, directing that the applicant met the criteria under Regulation 2.03AA(2) for a Subclass 100 visa.