CALVAR (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for review of a decision by the Minister to refuse to grant a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought to rely on a certificate from the Philippines Department of Justice - National Bureau of Investigation regarding their criminal history.

The primary legal issue before the Tribunal was whether the certificate provided by the Philippines Department of Justice - National Bureau of Investigation constituted a statement about the applicant's criminal history from an "appropriate authority" for the purposes of the Migration Regulations 1994 (Cth).

The Tribunal reasoned that the certificate, which confirmed the absence of any criminal record, was indeed from an appropriate authority. It noted that the National Bureau of Investigation is the primary agency responsible for maintaining criminal records in the Philippines. Consequently, the Tribunal found that the applicant had satisfied the requirement for a statement about their criminal history.

The Tribunal remitted the decision to the Minister for reconsideration.