Mansang (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, before the Administrative Appeals Tribunal. The applicant sought review of a delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced their criminal history, as required by subregulation 2.03AA(2)(a) of the Migration Regulations 1994. The delegate had initially refused the visa after the applicant failed to provide a requested police certificate from the Philippines in a timely manner.

The Tribunal found that a certificate issued by the National Bureau of Investigation of the Republic of The Philippines, dated 10 May 2021, which was received by the Tribunal on 25 May 2021, satisfied the requirements of subregulation 2.03AA(2)(a). The Tribunal reasoned that this document constituted a statement from an appropriate authority regarding the applicant's criminal history.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with a direction that the applicant met the criteria under Regulation 2.03AA(2).