Milije (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100. The applicant sought review of a decision that appeared to have been made without a hearing, based on the Tribunal's initial assessment that it could make a favourable decision on the available materials. However, the Tribunal ultimately concluded that the matter should be remitted to the Department for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Regulation 2.03AA, which is a prerequisite for satisfying Public Interest Criterion (PIC) 4001. PIC 4001 is a character and criminal history requirement for certain visa grants, including the Subclass 100 visa. Regulation 2.03AA(2) mandates the provision of specific documentation, such as a statement from an appropriate authority regarding criminal history and a completed Form 80, if requested by the Minister.

The Tribunal reasoned that while a delegate had previously found the applicant did not satisfy the visa criteria, this finding was based on the applicant's failure to provide a police certificate and thus meet Regulation 2.03AA. The Tribunal noted that the applicant had since provided a National Police Certificate from the Australian Federal Police showing no disclosable court outcomes, and a completed Form 80 was present on the departmental file. Consequently, the Tribunal was satisfied that the applicant now met Regulation 2.03AA(2). As the applicant had provided the necessary documentation, the delegate was now able to assess PIC 4001 and the remaining criteria for the visa.

The Tribunal ordered that the application be remitted to the Minister for reconsideration, with a direction that the applicant meets Regulation 2.03AA(2) for the purposes of cl.100.222 and the remaining criteria for the grant of a Subclass 100 visa.