Hussaini (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant had provided a Police Certificate from the United Kingdom which confirmed they had no criminal history. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by the Migration Regulations. The Tribunal considered requests made by the original delegate for such a statement and the subsequent provision of a UK Police Certificate by the applicant.

The Tribunal reasoned that the UK Police Certificate, dated 11 August 2021, which confirmed the applicant had no recorded convictions, reprimands, warnings, cautions, or ongoing investigations in the United Kingdom, constituted a statement from an appropriate authority. Consequently, the Tribunal found that the applicant met the requirements of regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal remitted the application for a Partner (Provisional) (Class UF) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) and clause 309.225 of Schedule 2 to the Regulations.