Bass (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), before the Tribunal. The central dispute revolved around the applicant's criminal history and whether they had provided the required statements from appropriate authorities to evidence this.

The legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of statements from appropriate authorities regarding their criminal history. The Tribunal was required to determine if the applicant had provided the necessary Australian Federal Police (AFP) National Police Check and a Police Certificate from the Federal Bureau of Investigation (FBI) of the United States of America, as requested by the original delegate.

The Tribunal reasoned that while the applicant initially failed to provide the requested AFP and FBI checks within the specified timeframe, they subsequently submitted these documents. The AFP National Police Certificate indicated no disclosable court outcomes, whereas the FBI Criminal History Report revealed drug-related charges. Despite the presence of these charges, the Tribunal found that the applicant had now provided statements from the appropriate authorities, thereby satisfying regulation 2.03AA(2)(a). As there was no evidence that a Form 80 had been requested, regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal was satisfied that the applicant met regulation 2.03AA(2) and remitted the application to the Minister for consideration of the remaining visa criteria.