Bui (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by an applicant with a criminal history. The applicant had provided certificates from their home country and Australia to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 820 visa, specifically in light of their criminal history. The Tribunal was required to determine if the provided documentation was sufficient to satisfy the relevant legislative requirements.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicant based on the existing material, pursuant to s.360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.820.223 of Schedule 2 to the Migration Regulations 1994 (Cth).