Ramirez Giraldo (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ramirez Giraldo for a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute concerned whether the applicant met the criteria for the visa, specifically in relation to character requirements, following the provision of a national police clearance from the Republic of Colombia, alongside a National Police Clearance from the Australian Federal Police.

The primary legal issue before the Tribunal was to determine if the applicant met the criteria for the Subclass 820 visa, particularly in relation to Public Interest Criterion 4001 and clause 820.223 of Schedule 2 to the Migration Regulations 1994. This involved assessing the adequacy and relevance of the police certificates provided by the applicant.

The Tribunal, pursuant to section 360(2)(a) of the Migration Act 1958, determined that a hearing was not necessary as it could find in favour of the applicant based on the existing material. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria.