Leclair (Migration)

The applicant, Leclair, sought review of a decision by the Migration Review Tribunal concerning their application for a Partner (Temporary) (Class UK) visa, Subclass 820. The primary dispute revolved around the applicant's compliance with requirements related to police and penal certificates.

The central legal issue before the Tribunal was whether the applicant met the criteria stipulated by regulation 2.03AA(2) of the Migration Regulations 1994, specifically in relation to the provision of a police certificate.

The Tribunal found that the applicant satisfied regulation 2.03AA(2). Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration, directing that the applicant be taken to meet the relevant criteria for a Subclass 820 visa.