Gim (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant had provided a police certificate from South Korea, but the Department of Home Affairs had requested a National Police Clearance from the Australian Federal Police (AFP). The Tribunal was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of Regulation 2.03AA(2)(a) and clause 820.223 of Schedule 2 to the Migration Regulations 1994. These provisions relate to the character requirements for visa applicants, specifically concerning the provision of police certificates.

The Tribunal found that a hearing was not necessary, as it was able to determine the matter based on the existing material before it, pursuant to section 360(2)(a) of the Migration Act 1958. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.