Czaja (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant with a criminal history. The dispute centred on whether the applicant had satisfied the requirements concerning the provision of a criminal history statement and a completed Form 80.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority detailing their criminal history, and whether they had submitted a completed Form 80, as required by the Migration Regulations. Specifically, the Tribunal had to determine if the applicant met the criteria stipulated in regulation 2.03AA(2) of the Migration Regulations.

The Tribunal reasoned that while the applicant had initially failed to provide the necessary statements from the Australian Federal Police and Polish authorities, and a completed Form 80, these documents had since been supplied. The Tribunal noted the receipt of a statement from the Australian Federal Police dated 30 August 2018 confirming no disclosable court outcomes, and a statement from the Ministry of Justice in Poland dated 17 August 2018 also indicating no criminal record or disclosable court outcomes. Furthermore, a completed approved Form 80 dated 28 August 2018 was provided. Consequently, the Tribunal found that the applicant now met the requirements of regulation 2.03AA(2)(a) and (b).

The Tribunal's decision was to remit the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with the direction that the applicant had met the criteria under regulation 2.03AA(2).