Roy (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant's visa application had been refused by the delegate on the grounds that the applicant had failed to provide statements from appropriate authorities regarding their criminal history in Canada and Indonesia, as required by regulation 2.03AA(2) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had provided statements from appropriate authorities in both Canada and Indonesia concerning their criminal history. Specifically, the Tribunal had to assess if the applicant had met the requirements of regulation 2.03AA(2)(a) in relation to both jurisdictions, and if not, whether it was reasonable to waive the requirement for a statement from the Indonesian authorities.

The Tribunal found that the applicant had provided a certificate from the Royal Canadian Mounted Police, which satisfied the requirement for a statement from an appropriate authority in Canada. However, the applicant had not provided a similar statement from Indonesian authorities. The Tribunal considered a letter from the Indonesian National Police Intelligence and Security Agency indicating that a Certificate of Police Record (SKCK) could not be issued to foreign nationals without a temporary or permanent stay permit card. The Tribunal accepted that the applicant had taken reasonable steps to obtain this statement, including attempting to travel to Indonesia, but was unable to do so due to the requirements for obtaining the certificate and the restrictions imposed by the COVID-19 pandemic. Consequently, the Tribunal determined that it was not reasonable for the applicant to provide the Indonesian statement and that the requirement should be waived.

Based on these findings, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2). The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration with the direction that the applicant had met the requirements of regulation 2.03AA(2).