Gilmer (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking review of a decision to refuse a Partner (Temporary) (Class UK) visa, Subclass 820. The refusal was based on the applicant's alleged failure to provide a Spanish police clearance certificate as requested by the Department. The applicant subsequently provided this certificate, along with a certified English translation, to the Tribunal.

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 Tribunal was required to determine if the Spanish police clearance certificate submitted by the applicant constituted such a statement and if it was provided by the appropriate authority.

The Tribunal reasoned that the Spanish police clearance certificate, dated 10 June 2024, and its certified English translation, met the requirements of regulation 2.03AA(2)(a). It found that the applicant had indeed provided a statement from the appropriate authority. However, the Tribunal also noted that if the Department had requested a completed Form 80, the applicant would need to provide this as well for the decision maker to be satisfied that all criteria under regulation 2.03AA(2) were met. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a).