LAXAMANA (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Angelica Tuya Laxamana. The delegate had refused to grant the visa on 24 July 2018, finding that the applicant had not met regulation 2.03AA of the Migration Regulations 1994 because she had not provided evidence of her criminal history as required. The Administrative Appeals Tribunal was asked to review this decision.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by regulation 2.03AA(2). The Tribunal considered new evidence submitted by the applicant, specifically a certificate issued on 14 August 2018 by the Republic of the Philippines, Department of Justice, National Bureau of Investigation, which indicated that Ms Laxamana had no derogatory record.

The Tribunal reasoned that, in light of this new evidence, the criterion under regulation 2.03AA(2) was satisfied. Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 820 visa.