Nam (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) Subclass 820 visa. The applicant had provided an expired Australian Federal Police (AFP) certificate to the Department during the initial assessment of her application. Although a current AFP certificate was later provided to the Administrative Appeals Tribunal, the Department had determined that the applicant did not meet the character requirements due to the expired certificate. The Administrative Appeals Tribunal was required to determine whether the applicant satisfied Public Interest Criterion (PIC) 4001.

The primary legal issue before the Tribunal was whether the applicant met PIC 4001, which requires applicants to satisfy a character test, including providing a police certificate from each country where they have resided since turning 16. Regulation 2.03AA(2)(a) stipulates that if the Minister requests such a statement, the applicant must provide it. The applicant had initially provided an expired AFP certificate. While she later obtained a current certificate dated 30 May 2018, this was not submitted to the Department. The Department concluded that the applicant failed to meet the criterion under subregulation 2.03AA(2)(a).

The Tribunal considered the applicant's updated AFP National Police Certificate issued on 4 June 2020, which confirmed no disclosable outcomes against her name for all Australian jurisdictions. The Tribunal found that at the time of its review, the applicant had submitted a current and valid AFP clearance. Consequently, the Tribunal determined that the applicant met PIC 4001. The Tribunal remitted the application for reconsideration, directing that the applicant satisfies PIC 4001 for the purposes of clause 820.223 of the Regulations.