Cooperstein (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their visa application, which had not been granted by the Department.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the visa, specifically in relation to the provision of a police clearance certificate. The applicant had initially failed to provide this document to the Department, but it was subsequently provided to the Tribunal during the review process.

The Tribunal, acknowledging that the police clearance certificate had been provided, found that the applicant met the relevant criteria for a Subclass 820 visa. Consequently, the Tribunal remitted the application to the Minister for consideration of the remaining criteria. The Tribunal directed that the applicant be taken to meet criterion cl.820.221 of Schedule 2 to the Regulations.