Lou (Migration)

The applicant, Lou, sought judicial review of a decision by the Migration Review Tribunal concerning an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The primary dispute revolved around the applicant's failure to provide an authorised criminal clearance certificate as required by Public Interest Criterion 4001. While a Canadian police certificate was provided to the Tribunal, it was not considered an authorised criminal clearance certificate for the purposes of the criterion. The matter came before Senior Member Kira Raif of the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of Public Interest Criterion 4001, specifically concerning the provision of an authorised criminal clearance certificate. This involved determining whether the Canadian police certificate met the definition of an "authorised criminal clearance certificate" as contemplated by the Migration Regulations.

Senior Member Raif found that the applicant met the requirements of regulation 2.03AA(2). The Tribunal's reasoning, though not fully detailed in the provided text, led to the conclusion that the applicant had satisfied the relevant criteria for the Subclass 820 visa. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be taken to meet the specified criteria.