Rosito (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to the character test requirements. The decision was made by a Tribunal member, Moira Brophy.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The delegate had previously requested such a statement from an Australian authority, as the applicant resided in Australia.

The Tribunal found that the applicant had satisfied this requirement by providing a copy of their AFP Digital Certificate, dated 16 June 2023, which indicated no disclosable court outcomes. The Tribunal was satisfied that this document constituted a statement from an appropriate authority. Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2).