Koraca (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought review of a decision concerning their eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a request for a completed Form 80 had been made, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the applicant had provided valid police certificates from the relevant Australian and United States authorities, which stated that the applicant had no disclosable court outcomes. Consequently, the Tribunal determined that the applicant met the criteria under regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a completed Form 80, regulation 2.03AA(2)(b) was not applicable.

The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, subclass 820, for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2).