Chen (Migration)

The Administrative Appeals Tribunal considered an application by Ms Chen for review of a decision to refuse her Partner (Temporary) (Class UK) visa, Subclass 820. The primary decision had refused the visa on the basis that Ms Chen had not provided a Malaysian police clearance as requested by the Department.

The Tribunal was required to determine whether Ms Chen had provided a statement from an appropriate authority regarding her criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. This involved assessing whether the documents submitted by Ms Chen constituted such statements and whether they were provided in a timely manner relative to the primary decision.

The Tribunal found that Ms Chen had subsequently provided a Malaysian police clearance dated 11 October 2022 and an Australian Federal Police National Police Clearance dated 8 September 2023. The Tribunal concluded that these documents satisfied the requirement of regulation 2.03AA(2)(a). However, the Tribunal noted that if a completed Form 80 had been requested by the Department, Ms Chen would need to provide this before the entirety of regulation 2.03AA(2) could be satisfied.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration, with a direction that Ms Chen met the criteria under regulation 2.03AA(2)(a).