Bautista (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant sought to challenge the delegate's refusal, which was based on the applicant's failure to provide adequate statements regarding their criminal history from the Philippines and Australia. The Administrative Appeals Tribunal was required to determine whether the applicant had provided statements from appropriate authorities that evidenced their criminal history.

The Tribunal considered the history of requests for police certificates from Australia and the Philippines. Initially, the delegate refused the visa after the applicant failed to provide these documents within the requested timeframe. Following the lodging of the review application, the Tribunal also requested updated police certificates. The applicant subsequently provided an NBI Clearance from the Philippines and a National Police Certificate from Australia. The Australian certificate, dated 5 February 2021, disclosed driving disqualifications and fines.

The Tribunal found that the provided documents, specifically the NBI Clearance and the Australian National Police Certificate, were suitable statements from appropriate authorities for the purposes of subregulation 2.03AA(2)(a) of the Migration Regulations 1994. Based on this finding, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2). Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria for the Subclass 820 visa.