Rahendra (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by an Indonesian citizen. The applicant had arrived in Australia in 2004 and held various visas since that time. The dispute arose when the Department of Home Affairs requested police certificates from the applicant as part of the visa assessment, which the applicant failed to provide from Indonesia. The decision under review, which affirmed the refusal of the visa, was brought before the Tribunal for reconsideration.

The primary legal issue before the Tribunal was whether the applicant satisfied the character requirements under Public Interest Criterion 4001, specifically in relation to regulation 2.03AA of the Migration Regulations 1994. This regulation mandates the provision of requested documentation concerning an applicant's character and criminal history, including statements from appropriate authorities regarding criminal history and a completed Form 80. The Tribunal was required to determine if the applicant had met these requirements, and if not, whether it was unreasonable for the applicant to provide the requested Indonesian police certificate, thereby justifying a waiver.

The Tribunal reasoned that the applicant had not satisfied regulation 2.03AA(2)(a) as he failed to provide a police certificate from Indonesia, despite multiple requests from the Department. The applicant’s assertion that he had not lived in another country for more than 12 months cumulatively in the past 10 years was contradicted by the Department’s request for an Indonesian police certificate. The Tribunal found no evidence to suggest it was unreasonable for the applicant to obtain this document, and therefore, no waiver under regulation 2.03AA(3) was applicable. Consequently, the applicant did not meet the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.