Dermthamram (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, where the applicant's criminal history was in issue. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Meena Sripathy, considered whether the applicant had provided a statement from an appropriate authority regarding their criminal history.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of subregulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of a police certificate from Thailand. The Tribunal also considered whether a request for a completed approved Form 80 had been made by the delegate.

The Tribunal found that while a Thai police certificate had not been provided by the time of the delegate's decision, it was subsequently provided to the Tribunal on 29 April 2022. The Tribunal also noted that there was no evidence of a request for a Form 80. An Australian Federal Police certificate had been provided to the Department. Based on these findings, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with a direction that the applicant meets the criteria specified in regulation 2.03AA(2).