Cabil (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant had initially failed to provide a police clearance certificate, a requirement for the visa. The Tribunal's decision concerned the subsequent provision of this certificate and its impact on the applicant's eligibility.

The central legal issue before the Tribunal was whether the applicant met the criteria for the grant of the visa, specifically Public Interest Criterion 4001, given the late submission of the police clearance certificate. The Tribunal was required to determine if the applicant's circumstances warranted the remission of the application to the Minister for further consideration.

The Tribunal reasoned that the applicant's subsequent provision of the police clearance certificate was a significant factor. It concluded that the appropriate course of action was to remit the application to the Minister. This remission was with a specific direction that the applicant be considered to meet Regulation 2.03AA and the remaining criteria for the grant of a Subclass 820 Partner (Temporary) visa, allowing for a fresh assessment by the Minister.