Cornejo Vilcachugua (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), brought by the applicant, Cornejo Vilcachugua. The dispute before the Tribunal was whether the applicant met the required Schedule 2 criteria for the visa, specifically concerning character assessment. The decision was made by Stavros Georgiadis, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the criteria set out in Schedule 2 of the Migration Regulations 1994, particularly clause 820.223(1), which requires applicants to meet several public interest criteria, including Public Interest Criterion (PIC) 4001. PIC 4001 necessitates an assessment against the 'character test', which, under departmental policy, involves providing police certificates from countries where the applicant has resided for 12 months or more in the preceding 10 years, since turning 16. Regulation 2.03AA also applies, requiring the provision of such statements and a completed Form 80 if requested by the Minister, though waiver is possible if unreasonable to obtain.

The Tribunal reasoned that the applicant was required to satisfy PIC 4001 for the grant of the visa. After carefully questioning the applicant and considering the documentary evidence, the Tribunal was satisfied that the applicant had provided the necessary police certificates and statements from appropriate authorities for all countries of residence exceeding 12 months in the past 10 years, post-16 years of age. This included evidence relating to his residence in Australia since 2009 and the Republic of Peru. This evidence was found to be consistent with his Form 80 and a declaration made on 30 March 2019.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under clause 820.223 of Schedule 2 to the Regulations.