Page (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision to refuse Mrs Page a Subclass 820 Partner (Temporary) visa. The primary dispute revolved around whether Mrs Page had provided sufficient evidence of her criminal history, or lack thereof, from relevant authorities.

The Tribunal was required to determine whether Mrs Page had provided a statement from an appropriate authority confirming whether or not she had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement to provide a completed Form 80 applied, as per regulation 2.03AA(2)(b).

The Tribunal found that Mrs Page had subsequently provided an Australian Federal Police clearance and an Alabama State Police Clearance, both dated after the delegate's decision. These clearances confirmed that she had no disclosable court outcomes or criminal records in Australia or Alabama. The Tribunal was satisfied that these statements met the requirements of regulation 2.03AA(2)(a). Furthermore, the Tribunal noted there was no evidence that the delegate had requested a Form 80, meaning regulation 2.03AA(2)(b) did not apply.

Consequently, the Tribunal was satisfied that Mrs Page met regulation 2.03AA(2) of the Regulations. The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa for reconsideration by the Department, with a direction that Mrs Page met the criteria under regulation 2.03AA(2) for a Subclass 820 visa.