Chanchal (Migration)

This matter concerned an application for review by the applicant of a decision to refuse a Partner (Temporary) (Class UK) visa (Subclass 820). The Administrative Appeals Tribunal, constituted by Member Justine Clarke, considered whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirement under regulation 2.03AA(2)(a) to provide a statement from an appropriate authority concerning their criminal history. The primary decision had refused the visa on the basis that the applicant had not provided an Indian police certificate despite requests from the Department. The applicant subsequently applied to the Tribunal for review and, during the review process, submitted a police clearance certificate issued by the Government of India.

The Tribunal reasoned that the applicant had, in fact, provided a statement from an appropriate authority, thereby meeting the criterion in regulation 2.03AA(2)(a). The Tribunal noted that while this specific criterion was met, the applicant might still need to provide a completed Form 80 to the Department for a decision maker to be satisfied that all requirements of regulation 2.03AA(2) were met in their entirety. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met regulation 2.03AA(2)(a).