Gwela (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Gwela for a Partner (Migrant) (Class BC) visa, specifically a Subclass 100 visa. The central dispute concerned whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by regulation 2.03AA of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the requirements of regulation 2.03AA, particularly whether they had provided a statement from an appropriate authority confirming their criminal history status. The delegate had initially requested an AFP National Police Certificate, which the applicant failed to provide within the specified timeframe. However, on review, the Tribunal received a copy of an AFP National Police Certificate dated 29 June 2018, which indicated no disclosable court outcomes. The Tribunal also noted that there was no evidence of a request for an approved Form 80.

The Tribunal reasoned that the applicant had, on review, provided the requested statement from the appropriate authority (the AFP), thereby satisfying regulation 2.03AA(2)(a). As no request for Form 80 had been made, regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal found that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Partner (Migrant) (Class BC) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 100 visa.