Ribeiro Da Silva (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by the applicant, Ms. Ribeiro Da Silva. The primary dispute revolved around the applicant's criminal history and her obligation to provide police clearance certificates from countries where she had resided for more than 12 months cumulatively in the past 10 years. The decision under review was made by the Department of Home Affairs, and the case was heard by Senior Member Jennifer Cripps Watts of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the applicant had satisfied the character test requirements under Public Interest Criterion 4001, specifically by providing statements from appropriate authorities regarding her criminal history in Mexico and Venezuela, and whether the Minister had made a valid request for such information. The Tribunal also considered whether it was reasonable for the applicant to provide the requested statements, as an exception to the requirement.

The Tribunal reasoned that while the applicant had provided evidence of her residence in Mexico from January 2006 to July 2008 and in Venezuela from January 2009 to July 2013, and had provided letters from a Brazilian diplomat and the Deputy Consul of Brazil in Mexico, these did not constitute statements from the appropriate authorities of Mexico or Venezuela as required by the regulations. The Department's request for police clearance certificates from these countries was considered valid. However, the Tribunal found that the applicant had not been provided with sufficient clarity regarding the specific requirements for obtaining such certificates from Mexico and Venezuela, nor had the Department adequately considered whether it was reasonable for the applicant to obtain them, particularly given the time elapsed since her residence in those countries.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration. The direction was that the applicant meets the criteria under Regulation 2.03AA(2).