Lee (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Partner), made by Ms. Lee. The Department had refused the visa on the grounds that Ms. Lee did not satisfy Public Interest Criterion (PIC) 4001, which requires an applicant to pass the character test. The Tribunal found that Ms. Lee had provided sufficient evidence regarding her character and criminal history, including an Identity History Summary from the U.S. Department of Justice Federal Bureau of Investigation and an Australian National Police Certificate.

The primary legal issue before the Tribunal was whether Ms. Lee satisfied PIC 4001, which is a prerequisite for the grant of the Subclass 820 visa. This criterion, in turn, necessitates compliance with regulation 2.03AA, which requires applicants to provide a statement from an appropriate authority in any country where they have resided regarding their criminal history, and to complete an approved form 80. The Tribunal was required to determine if the documentation provided by Ms. Lee met these requirements.

The Tribunal reasoned that the Identity History Summary from the FBI, indicating no prior arrest data, and the Australian National Police Certificate, showing no disclosable court outcomes, satisfied the requirement for a statement from an appropriate authority concerning her criminal history. Consequently, the Tribunal concluded that Ms. Lee met PIC 4001 for the purposes of clause 820.223 of Schedule 2 to the Regulations. The Tribunal remitted the application to the Minister for reconsideration, with a direction that Ms. Lee meets PIC 4001.