BARROS SILVA DEFANTI (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by the applicant, Barros Silva Defanti. The Administrative Appeals Tribunal (AAT) reviewed a decision concerning the visa application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of Regulation 2.03AA(2)(a) and, consequently, whether the delegate had erred in finding that the applicant did not satisfy clause 820.223 of the Migration Regulations 1994. This, in turn, related to the assessment of Public Interest Criterion 4001.

The Tribunal reasoned that the applicant had provided the necessary police certificates from both the Australian Federal Police and Brazil, which indicated no disclosable court outcomes or convictions. The Tribunal found that the delegate's previous decision, which concluded the applicant did not satisfy clause 820.223, appeared to be based on the applicant's failure to provide these certificates and meet Regulation 2.03AA. As the certificates had now been provided, the delegate was able to assess PIC 4001. The Tribunal therefore remitted the application to the Minister for reconsideration, with a direction that the applicant met Regulation 2.03AA(2).