NGUYEN (Migration)

The Administrative Appeals Tribunal considered an application concerning a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant sought review of a decision related to a police check requirement, specifically an Australian Federal Police National Police Clearance.

The primary legal issue before the Tribunal was whether the applicant met the secondary criteria for a Subclass 820 visa, as stipulated in cl.820.321, and whether Regulation 2.03AA(2)(a) was satisfied. This involved determining the adequacy of the provided police clearance information.

The Tribunal reasoned that the second application required further consideration by the Minister regarding the secondary criteria. Consequently, the Tribunal remitted the application for reconsideration, directing that the first and second named applicants were found to meet the criteria under Regulation 2.03AA(2)(a) for a Subclass 820 visa.