Harper (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), brought by Mrs Harper. The dispute arose from the delegate's finding that Mrs Harper did not satisfy criterion cl.820.223, which requires an applicant to meet Public Interest Criteria, including PIC 4001. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mrs Harper met the requirements of regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of specific character and criminal history documentation when PIC 4001 or PIC 4002 is applicable. This regulation requires an applicant to provide a statement from an appropriate authority regarding their criminal history and a completed approved form 80, if requested by the Minister.

The Tribunal reasoned that while the delegate's initial decision was based on Mrs Harper's failure to provide a police certificate and thus meet regulation 2.03AA, Mrs Harper had since provided a certified copy of a Federal Bureau of Investigations fingerprint submission. The Tribunal was satisfied that this document constituted the requested statement about her criminal history and that she therefore met regulation 2.03AA(2). However, the Tribunal noted that it had not considered whether Mrs Harper was able to meet PIC 4001 itself. Consequently, the Tribunal determined that the appropriate course was to remit the application to the Minister for reconsideration, with the direction that Mrs Harper met regulation 2.03AA(2), to allow for the assessment of PIC 4001 and the remaining criteria for the grant of a Subclass 801 visa.