Hamad (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mr. Hamad. The central dispute concerned whether Mr. Hamad had provided a statement from an appropriate authority regarding his criminal history, as required by the regulations.

The Tribunal was tasked with determining if the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority detailing whether the applicant has a criminal history. This involved assessing the evidentiary weight of a National Police Certificate provided by the Australian Federal Police.

The Tribunal found that the Australian Federal Police National Police Certificate, dated 12 February 2019, certified that there were no disclosable court outcomes recorded against the applicant as at that date. This certificate was considered a statement from an appropriate authority, thereby satisfying the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal concluded that the applicant met this criterion.

Based on these findings, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with a direction that the applicant meets the criterion under regulation 2.03AA(2).