Bui (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 820 visa, specifically in light of new evidence regarding their criminal history. The Tribunal was required to determine if the newly received Australian Federal Police National Police Certificate altered the assessment of the applicant's eligibility.

The Tribunal was satisfied that the criterion was met upon receipt of the National Police Certificate dated 13 September 2018. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl.820.223(1)(a) of Schedule 2 to the Regulations.