Kaur (Migration)

The Administrative Appeals Tribunal considered an application by Ms Kaur for a Partner (Migrant) (Class BC) visa. The central dispute concerned whether the applicant had provided a statement from an appropriate authority evidencing whether or not the person had a criminal history.

The Tribunal was required to determine if the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994. This involved assessing the adequacy of the evidence provided regarding the applicant's criminal history.

The Tribunal reasoned that a National Police Certificate from the Australian Federal Police, dated 23 September 2020, which certified no disclosable court outcomes against Bhagwan Sing (born 9 September 1957) in Australian police records, constituted sufficient evidence. Based on this new evidence, the Tribunal concluded that the criterion under regulation 2.03AA(2) was met. Consequently, the Tribunal remitted the application for a Partner (Migrant) (Class BC) visa for reconsideration, directing that the applicant met the specified criteria for a Subclass 100 visa.