Feichtinger (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Feichtinger for a Partner (Temporary) (Class UK) visa, subclass 820. The central dispute concerned whether Mr. Feichtinger satisfied Public Interest Criterion (PIC) 4001, which requires applicants to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine if Mr. Feichtinger had met the requirements of regulation 2.03AA, which mandates the provision of a statement about criminal history or a completed Form 80 when PIC 4001 is applicable. This criterion is a prerequisite for the grant of a subclass 820 visa under subclause 820.223(1).

The Tribunal found that Mr. Feichtinger had now provided a statement from the relevant Austrian authority confirming he had no criminal history in that country. Based on this new evidence, the Tribunal concluded that Mr. Feichtinger satisfied the criterion under r.2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that this specific criterion had been met.