Kim (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa (Subclass 820) made by the applicant, Kim. The dispute concerned whether the applicant had provided sufficient evidence of her criminal history from relevant authorities, as required by migration regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994, which mandates the provision of statements from appropriate authorities regarding an applicant's criminal history in countries where they have resided for a specified period. The delegate had refused the application on the basis that the applicant had not provided these statements from Australia and South Korea, nor had she claimed it was unreasonable to do so.

The Tribunal found that while the delegate had initially determined the applicant had not met the requirements of regulation 2.03AA(2), the applicant subsequently provided a National Police Clearance from the Australian Federal Police and two Criminal (Investigation) Records Check Replies from the Korean National Police Agency. The Tribunal concluded that these documents constituted statements from appropriate authorities in countries of residence, thereby satisfying the criteria of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.