Giannikouri (Migration)

This matter concerned an application for review by the applicant, Ms Giannikouri, of a decision by the Department to refuse her Partner (Temporary) (Class UK) visa, Subclass 820. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the applicant had provided a statement from an appropriate authority evidencing her criminal history at the time of the primary decision.

The central legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires the provision of a statement from an appropriate authority regarding criminal history. The primary decision had refused the visa on the basis that the applicant had not provided a National Police Certificate from the Australian Federal Police, despite requests from the Department. The Tribunal subsequently requested this document from the applicant, which was provided on 19 August 2021.

The Tribunal reasoned that the applicant had, in fact, provided a statement from an appropriate authority, namely the National Police Certificate from the Australian Federal Police, thereby meeting the requirement of regulation 2.03AA(2)(a). The Tribunal noted that other criteria, such as the provision of a completed Form 80 if requested by the Department, would also need to be satisfied for the visa application to be approved. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met regulation 2.03AA(2)(a).