Collier (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant's criminal history was a central issue in the review of the delegate's decision.

The Tribunal was required to determine whether the applicant met the criteria for the Subclass 820 visa, specifically Public Interest Criterion 4001, in light of their criminal history as evidenced by an Australian National Police Certificate and a Canadian National Criminal Records certificate.

The Tribunal found that a hearing was not necessary, as it could determine the matter based on the existing material. Pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth), the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for the visa, including Public Interest Criterion 4001 for the purposes of clause 820.223 of Schedule 2 to the *Migration Regulations 1994* (Cth).