Apriliani (Migration)

In the matter of *Apriliani (Migration)*, the Administrative Appeals Tribunal considered an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of the primary decision which had refused her visa application due to a failure to provide an Indonesian police clearance certificate.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not she had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The primary decision had been made on 19 August 2022, at which time the applicant had not yet provided the requested certificate. The applicant lodged her application for review on 6 September 2022, and on the same day, submitted a copy of an Indonesian police clearance certificate issued on 23 August 2022, which stated she had no criminal history.

The Tribunal reasoned that the applicant had, in fact, provided a statement from an appropriate authority. It noted that the certificate was obtained after the delegate's refusal decision but was provided to the Tribunal during the review process. The Tribunal found that the applicant met the criteria under regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the application for reconsideration of the Partner (Temporary) (Class UK) visa, Subclass 820, with the direction that the applicant met the criteria under regulation 2.03AA(2)(a). The Tribunal also noted that if a completed Form 80 was requested by the Department, it would need to be provided before a decision maker could be satisfied that all criteria under regulation 2.03AA(2) were met.