Gwatidzo (Migration)

The Administrative Appeals Tribunal considered an application by Gwatidzo for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The primary dispute concerned whether the applicant met the criteria for the visa, particularly in light of their criminal history, which was addressed by the provision of an Australian Federal Police National Police Check during the review process.

The legal issue before the Tribunal was whether Regulation 2.03AA(2) of the Migration Regulations 1994 was satisfied by the applicant. This regulation pertains to the character requirements for visa applicants.

The Tribunal, constituted by Member David Crawshay, found that Regulation 2.03AA(2) was satisfied in its entirety. Consequently, the Tribunal remitted the application for reconsideration with a specific direction that the applicant meets this criterion for a Subclass 820 visa.