Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Migrant) (Class BC) visa, Subclass 100, made by an applicant who had previously had their visa application refused by a delegate of the Minister. The refusal was based on the applicant's failure to provide an updated police clearance certificate from India, despite multiple requests from the Department. The applicant subsequently sought review of this refusal decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires the provision of a statement from an appropriate authority regarding a criminal history. The Tribunal also considered whether the applicant had met Public Interest Criterion (PIC) 4020(2A), although the decision focuses on the former.

The Tribunal reasoned that after the refusal decision, a digital copy of an Indian Police Clearance Certificate, dated 23 October 2023, was received by the Tribunal on 26 October 2023. In the absence of any contrary evidence, the Tribunal was satisfied that this document constituted a statement from an appropriate authority as requested, thereby meeting the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal found that the applicant met this specific criterion for the Subclass 100 visa.

Based on these findings, the Tribunal remitted the application for a Partner (Migrant) (Class BC) visa, Subclass 100, for reconsideration. The direction was that the applicant meets regulation 2.03AA(2).