CRAFT (Migration)

The Administrative Appeals Tribunal, constituted by Member Steven Griffiths, considered an application for a Partner (Provisional) (Class UF) visa, subclass 309. The dispute concerned the applicant's compliance with requirements regarding the provision of a police certificate from Ukraine.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether the applicant met criterion cl 309.225 of Schedule 2 to the Regulations.

The Tribunal reasoned that although the Department had made multiple requests for such a statement, the applicant had ultimately provided an original and translated Certificate as to No Criminal Record, dated 13 October 2021, from a Ukrainian authority. This certificate confirmed the applicant had no criminal proceedings instituted against her under any name she had been known by. The Tribunal concluded that this document satisfied the requirement for a statement from an appropriate authority. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met regulation 2.03AA(2) and criterion cl 309.225.