Bui (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa. The applicant had provided a National Police Clearance from the Australian Federal Police, but the Tribunal received a Certificate of Criminal Records from the Socialist Republic of Vietnam after the initial decision. The dispute centred on whether the applicant met Public Interest Criterion (PIC) 4001, a requirement for the visa.

The legal issue before the Tribunal was whether the applicant satisfied clause 820.223 of the Regulations, which includes meeting PIC 4001. PIC 4001 requires an assessment against the 'character test', which under policy, typically involves providing police certificates from countries where the applicant has lived for 12 months or more since turning 16. Regulation 2.03AA(2)(a) stipulates that if the Minister requests such a statement, the applicant must provide it, though the Minister may waive this requirement.

The Tribunal reasoned that while the applicant had not initially complied with the Department's request for a police certificate from Vietnam, they had subsequently submitted the required paperwork. Consequently, the Tribunal found that the applicant now met the criterion prescribed by subregulation 2.03AA(2)(a). Exercising its power under section 349(2)(c) of the Migration Act 1958 (Cth), the Tribunal decided to remit the matter for reconsideration.

The Tribunal remitted the application for the Partner (Temporary) (Class UK) visa to the Minister for consideration of the remaining criteria, with a direction that the applicant meets the criterion in Regulation 2.03AA(2)(a).