Bin Azizan (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Ahmad Afdholuddin Bin Azizan. The dispute before the Administrative Appeals Tribunal (AAT) centred on whether the applicant had provided a statement from an appropriate authority regarding his criminal history, as required by migration regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority concerning an applicant's criminal history. Specifically, the Tribunal had to consider whether the documentation provided by the applicant constituted such a statement, particularly given his significant period of residence in Malaysia.

The Tribunal reasoned that while the applicant had provided an Australian National Police Certificate indicating no disclosable court outcomes, his cumulative residence in Malaysia for 12 months or more since turning 16 necessitated a Malaysian police clearance. The applicant had informed the Tribunal that he had applied for this clearance and was awaiting its arrival, a delay the Tribunal deemed reasonable. Upon receipt of the Australian police certificate and considering the applicant's efforts to obtain the Malaysian clearance, the Tribunal concluded that the applicant had provided a statement from an appropriate authority, thereby meeting the requirements of regulation 2.03AA(2).

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with a direction that the applicant had met the criteria under regulation 2.03AA(2).