Spencer (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820). The applicant had provided documentation to the Administrative Appeals Tribunal, including a letter from Victoria Police and a copy of their fingerprints, followed by a letter from the U.S. Department of Justice F.B.I. indicating no prior arrest data.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Public Interest Criterion (PIC) 4001, which relates to the provision of police certificates. The Tribunal was required to determine if the evidence submitted by the applicant satisfied this criterion.

The Tribunal, having received the police clearance statement from the U.S. and the fingerprint evidence, was satisfied that the applicant now met the requirements of PIC 4001. In light of this new evidence, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application for reconsideration with the direction that the applicant meets PIC 4001 for the purposes of clause 820.223 of Schedule 2 to the Regulations.