Gholami (Migration)

The Administrative Appeals Tribunal considered an application by Mr Gholami for a Partner (Migrant) (Class BC) Subclass 100 (Spouse) visa. The dispute concerned the applicant's failure to provide criminal history statements from both his home country and Australia to the Department of Home Affairs.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 100 visa, specifically in light of the missing criminal history documentation.

The Tribunal found that it was able to reach a favourable decision for the applicant based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 100.222 of Schedule 2 to the Migration Regulations 1994 (Cth).