Johnston (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant who had provided a "Criminal Record Certificate" from the Ministry of Justice, Criminal Record Information System in Italy, in lieu of an Australian Federal Police National Police Check. The primary dispute concerned whether this Italian document satisfied the character test requirements under the Migration Regulations.

The Tribunal was required to determine whether the Italian "Criminal Record Certificate" constituted a statement from an appropriate authority for the purposes of the character test, and consequently, whether the applicant met the requirements of regulation 2.03AA(2) of the Migration Regulations.

The Tribunal found that the applicant satisfied regulation 2.03AA(2)(a) and, having also submitted a Form 80 on 2 October 2019, satisfied regulation 2.03AA(2)(b). Therefore, regulation 2.03AA(2) was satisfied in its entirety. The Tribunal remitted the application for reconsideration with a direction that the applicant met the criterion under regulation 2.03AA(2) for a Subclass 820 visa.