Bernhardt (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant, Ms Bernhardt, had initially failed to provide information relating to her character and criminal history, which led to a delegate's finding that she did not satisfy the criteria for the visa. The case came before the Tribunal for review.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of specific documentation regarding an applicant's criminal history when Public Interest Criterion 4001 is applicable. This criterion is essential for the grant of certain visas, including the Subclass 820 visa.

The Tribunal reasoned that while the delegate's initial decision was based on the applicant's failure to provide the requested police certificates and thus not meeting Regulation 2.03AA, the applicant had since provided a National Police Certificate from the Australian Federal Police and a Good Conduct/Penal Certificate from Germany. The Tribunal was satisfied that these documents addressed the Minister's request for evidence of criminal history and that a completed Form 80 was also on file. Consequently, the Tribunal concluded that the applicant now met Regulation 2.03AA(2).

Given that the applicant had now satisfied Regulation 2.03AA, the Tribunal determined that the delegate was able to assess whether the applicant met Public Interest Criterion 4001. The Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met Regulation 2.03AA(2) for the purposes of clause 820.223 and the remaining criteria for the grant of a Subclass 820 visa.