Chan (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Chan for a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute centred on the applicant's failure to provide required police clearance documents from both Hong Kong and Australia within the timeframes set by the Department of Home Affairs. The Tribunal, presided over by Member Justine Clarke, ultimately decided to remit the matter for reconsideration.

The primary legal issue before the Tribunal was whether the applicant had provided, or could provide, the necessary statements from the relevant authorities evidencing whether he had a criminal history. This involved assessing whether the applicant had been afforded sufficient opportunity to obtain and submit these documents, despite multiple requests and extensions granted by the Department.

The Tribunal reasoned that the applicant had indeed met the criteria under regulation 2.03AA(2)(a) of the Migration Regulations. While acknowledging the Department's refusal based on the applicant's prolonged failure to submit the requested police clearances, the Tribunal noted the applicant's efforts to obtain the documents and the ongoing processes with the authorities. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the applicant met the specified criteria for the visa.