Khan (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse), before the Administrative Appeals Tribunal. The applicant, Maryam Khan, was seeking review of a decision concerning her eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that adequately addressed whether she had a criminal history. This requirement is stipulated by regulation 2.03AA(2) of the Migration Regulations 1994.

The Tribunal considered a National Police Certificate issued by the Australian Federal Police, dated 26 April 2019. This certificate stated that there were no disclosable court outcomes recorded against the applicant's name in the records of the Australian Federal Police or the police in all Australian states and territories. In light of this new evidence, the Tribunal was satisfied that the criterion under regulation 2.03AA(2) was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion for a Subclass 100 visa.