Goh (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) by the applicant, Ms. Goh. The dispute before the Administrative Appeals Tribunal (AAT) was whether the applicant had satisfied a particular criterion related to providing a statement from an appropriate authority regarding her criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by the Migration Regulations. This requirement was linked to Public Interest Criterion 4001.

The Tribunal reasoned that although there had been significant delays in the applicant obtaining the necessary police certificate from Malaysia, she had ultimately provided a police certificate of good conduct issued by the government of Malaysia on 16 November 2022. The Tribunal was satisfied that this certificate was from a relevant authority and therefore met the requirements of regulation 2.03AA(2)(a) of the Migration Regulations. Consequently, the Tribunal found that the applicant met the requirements of regulation 2.03AA(2).

The Tribunal remitted the application for the Subclass 820 visa for reconsideration, with the direction that the applicant met the criteria under regulation 2.03AA(2).