Jandah (Migration)

This matter concerned an appeal by Jandah against a decision of the Migration Review Tribunal regarding his application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer) visa. The core of the dispute revolved around the applicant's failure to provide adequate character documents as requested by the Department of Home Affairs. The applicant, a national of Jordan, had been repeatedly asked to provide police certificates from Jordan and Canada, as well as evidence of his marital status and an updated passport and medical assessment.

The legal issues before the court were whether the applicant had satisfied the character requirements for the visa, and specifically, whether the evidence provided, including a Canadian National Criminal Record and a certificate from the Jordanian Ministry of Justice, was sufficient to meet the requirements of Regulation 2.03AA(2) of the Migration Regulations. The Tribunal was required to determine if the applicant had provided a statement from an appropriate authority regarding his character.

The court noted that the applicant had provided a certificate from the Hashemite Kingdom of Jordan, Ministry of Justice, stating he had no convictions for dishonourable or demoralising crimes. Crucially, the applicant also provided a Canadian National Criminal Record which indicated no criminal record. The applicant's explanation for delays in providing the Canadian police certificate was that he had only accessed the application form the day before the hearing and had not yet completed it. Despite the delays and the applicant's initial failure to address all requests, the Tribunal found that the applicant met Regulation 2.03AA(2).

Consequently, the Migration Review Tribunal remitted the application for a Subclass 836 visa for reconsideration, with the direction that the applicant met the character criteria under Regulation 2.03AA(2).