Saleem (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse), made by an applicant who had initially failed to provide required police clearances. The Tribunal, constituted by Member Mary Urquhart, reviewed new evidence submitted by the applicant.

The central legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 820 visa, specifically concerning the provision of police clearances. The Tribunal was required to determine if the newly submitted Pakistani Police clearance and Australian Federal Police (AFP) Clearance satisfied the relevant legislative requirements.

The Tribunal reasoned that upon receipt of the additional police clearances on 1 October 2018, it was satisfied that the applicant had met the necessary criteria. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under cl.820.223 and cl.820.221 of Schedule 2 to the Regulations.