Alouwayed (Migration)

The Administrative Appeals Tribunal considered an application by Mr Alouwayed for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The primary dispute concerned whether the applicant had satisfied a regulatory requirement relating to the provision of a statement from an appropriate authority regarding their criminal history.

The legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by subregulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement under subregulation 2.03AA(2)(b) regarding an approved Form 80 applied, given the delegate's decision-making process.

The Tribunal found that the applicant had, in fact, provided a National Police Certificate issued by the Australian Federal Police on 24 March 2022, which satisfied the requirement under regulation 2.03AA(2)(a). The Tribunal noted there was no evidence that the delegate had requested an approved Form 80, meaning the requirement under regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2).

The Tribunal remitted the application for a Partner (Migrant) (Class BC) visa, Subclass 100, for reconsideration. The Tribunal directed that for the purposes of clause 100.222, the applicant was to be considered as meeting regulation 2.03AA(2).