Low (Migration)

This matter concerned an application for review of a decision to refuse a Partner (Temporary) (Class UK) visa, subclass 820. The applicant sought to challenge the refusal decision before the Tribunal.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether it would be unreasonable for the applicant to provide such a statement and if the requirement should be waived under regulation 2.03AA(3).

The Tribunal reasoned that despite repeated requests from the Department and the Tribunal, the applicant had failed to provide a Malaysian police clearance, which was considered a statement from an appropriate authority. The Tribunal found no evidence to support a claim that it was unreasonable for the applicant to obtain this statement, and therefore the waiver provision did not apply. Consequently, the applicant did not meet the requirements of regulation 2.03AA(2)(a).

The Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa.