Mohammed Hessin (Migration)

The Administrative Appeals Tribunal considered an application by Mohammed Hessin for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse). The central dispute concerned whether the applicant had satisfied a regulatory requirement relating to their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which would necessitate the provision of a completed approved Form 80.

The Tribunal reasoned that the applicant had satisfied the requirement of regulation 2.03AA(2)(a) by providing a National Police Certificate from the Australian Federal Police, dated 3 April 2024, which confirmed no disclosable court outcomes. As there was no evidence that the delegate had requested a Form 80, the Tribunal found that regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2). The Tribunal remitted the application for a Partner (Migrant) (Class BC) visa, Subclass 100, for reconsideration with the direction that the applicant met the criteria specified in regulation 2.03AA(2).