Delin (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, before the Administrative Appeals Tribunal. The applicant sought review of a decision relating to their visa application.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by the Migration Regulations.

The Tribunal found that the applicant had satisfied this requirement by providing statements from appropriate authorities in both Australia and France on 1 November 2019. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal did not make any other findings.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2)(a).