Shabnab (Migration)

The Administrative Appeals Tribunal considered an application by Shabnab 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 her criminal history and a completed Form 80.

The primary legal issue before the Tribunal was whether the applicant had provided a completed approved Form 80 and a statement from an appropriate authority, as required by the regulations. The Tribunal was required to determine if the documents submitted by the applicant met the criteria outlined in regulation 2.03AA(2)(a) and (b) of the Migration Regulations 1994.

The Tribunal reasoned that the applicant had, in fact, provided the necessary documentation. Following an invitation on 10 March 2020 to provide a Fiji Police Clearance Certificate and a "Complete Disclosure" Australian Federal Police (AFP) National Police Certificate along with a completed Form 80, the applicant submitted a Fiji Police Clearance Certificate dated 11 March 2020, a signed Form 80, and an AFP payment receipt on 25 March 2020. Subsequently, on 31 March 2020, she provided the "Complete Disclosure" AFP National Police Certificate. Based on this evidence, the Tribunal concluded that the applicant had met the requirements of regulation 2.03AA(2).

Consequently, the Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2).