Curi Arguedas (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) Subclass 100 (Spouse) visa. The applicant had provided a National Police Certificate issued by the Australian Federal Police on 3 July 2019, which the Tribunal received on 12 July 2019.

The central legal issue before the Tribunal was whether the applicant met the relevant criteria for the Subclass 100 visa, specifically Public Interest Criteria 4001 as it relates to clause 100.222(a) of Schedule 2 to the Regulations, in light of the newly provided criminal history certificate.

The Tribunal, having considered the new evidence in the form of the National Police Certificate, was satisfied that the applicant met the criterion in question. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets the specified criteria.