JONES (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Residence) (Class BS) visa, Subclass 801 (Spouse), made by an applicant with a criminal history. The decision under review concerned the applicant's eligibility for the visa, with a particular focus on whether they met the criteria set out in regulation 2.03AA(2) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied regulation 2.03AA(2), which relates to character requirements for visa applicants, specifically in light of their criminal history. The Tribunal was required to assess the information provided, including an Australian Federal Police certificate, to make this determination.

The Tribunal found that, based on the evidence before it, the applicant met the criteria stipulated in regulation 2.03AA(2). Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant be considered to meet the specified criteria for a Subclass 801 visa.