Iakovleva (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100, made by Ms Iakovleva. The dispute concerned whether the applicant had provided sufficient evidence of her criminal history, specifically a statement from an appropriate authority. The delegate had requested such a statement, and the applicant subsequently provided a certificate from the Australian Federal Police (AFP) indicating she had no criminal history.

The Tribunal was required to determine whether the applicant had complied with Regulation 2.03AA(2)(a) and Public Interest Criterion 4001 by providing a statement from an appropriate authority regarding her criminal history. The Tribunal also needed to consider whether the AFP certificate, lodged by the applicant's representative, constituted sufficient evidence to satisfy this requirement.

The Tribunal found that the applicant had provided a statement from an appropriate authority, namely the AFP certificate dated 1 April 2020, which indicated no criminal history. This satisfied Regulation 2.03AA(2)(a) and Public Interest Criterion 4001. The Tribunal was unable to verify the lodgement of an earlier version of this certificate but relied on the copy attached to the submission of 30 June 2020.

Consequently, the Tribunal remitted the application for a Partner (Migrant) (Class BC) visa for reconsideration, with a direction that the applicant meets Regulation 2.03AA(2).