Kotuken (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant whose identity is not specified. The core of the dispute concerned whether the applicant had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced their criminal history, as stipulated by Regulation 2.03AA(2)(a) of the Migration Regulations. Additionally, the Tribunal considered whether a requirement under Regulation 2.03AA(2)(b) applied, which related to the provision of a completed approved Form 80.

The Tribunal reasoned that the applicant had indeed provided a statement from an appropriate authority by submitting a translated and untranslated certificate from the Thai Police, dated 24 February 2023, which addressed their past criminal behaviour. Consequently, the Tribunal found that Regulation 2.03AA(2)(a) was met. Furthermore, the Tribunal noted that there was no evidence that the delegate had requested a completed Form 80, meaning the requirement under Regulation 2.03AA(2)(b) did not apply.

Based on these findings, the Tribunal concluded that the applicant met Regulation 2.03AA(2). The Tribunal therefore remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration with the direction that the applicant satisfies the criteria under Regulation 2.03AA(2).