Su (Migration)

The Administrative Appeals Tribunal considered an application by Mr Wenzhao Su for a Partner (Residence) (Class BS) visa, Subclass 802 (Spouse) visa. The delegate had refused to grant the visa on 16 April 2018, finding that the applicant had not provided evidence of criminal history as required by the Migration Regulations 1994.

The central issue before the Tribunal was whether the applicant had satisfied the criterion requiring a statement from an appropriate authority regarding their criminal history. The applicant subsequently provided a National Police Certificate dated 23 May 2018, which certified that there were no disclosable court outcomes recorded against Mr Su in the records of the Australian Federal Police or the police in all Australian states and territories.

The Tribunal found that, in light of this new evidence, the applicant had met the relevant criterion under regulation 2.03AA(2) of the Migration Regulations 1994. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this criterion for a Subclass 820 visa.