Pearson (Migration)

The Administrative Appeals Tribunal considered a Partner (Migrant) (Class BC) visa application, specifically for a Subclass 100 (Spouse) visa. The applicant sought review of a decision to refuse the visa, which was based on the applicant's alleged failure to provide required police certificates from Australia and the United Kingdom.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires a statement from an appropriate authority regarding the applicant's criminal history. The Department had initially requested these certificates, noting that a previously provided UK certificate was invalid and an Australian Federal Police (AFP) certificate had not been supplied.

The Tribunal reasoned that while the Department had refused the visa due to the absence of current police certificates, the applicant had subsequently provided updated certificates from both the Australian Federal Police and the United Kingdom to the Tribunal. The Tribunal was satisfied that these newly provided certificates were issued by appropriate authorities and met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the applications for reconsideration, directing that the applicant had met the criteria under regulation 2.03AA(2).