Ruenwicha (Migration)

The Administrative Appeals Tribunal considered an application by Ruenwicha for a Partner (Temporary) (Class UK) visa, Subclass 820. The dispute concerned whether the applicant had satisfied the character requirements for the visa, specifically by providing a statement from an appropriate authority regarding their criminal history.

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 1994. The Tribunal also had to determine if the delegate's decision to refuse the visa was affected by an error, particularly in light of evidence submitted by the applicant.

The Tribunal reasoned that the delegate had erred by refusing the visa on 8 October 2021 for non-compliance with regulation 2.03AA(2)(a), despite receiving a police certificate from the Royal Thai Police dated 9 March 2022. This certificate indicated that the applicant was considered to have no behaviour endangering the peace and order of the security of Thailand. The Tribunal noted that this certificate was not mentioned in the delegate's decision record and appeared to have been overlooked. Given that the applicant had provided the requested statement from an appropriate authority, the Tribunal was satisfied that regulation 2.03AA(2)(a) had been met.

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under regulation 2.03AA(2).