Sukerti (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Ms. Sukerti for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The primary dispute concerned whether Ms. Sukerti met the criteria for the visa, particularly in light of her criminal history, which had been raised as a potential issue.

The legal issue before the Tribunal was whether Ms. Sukerti satisfied the criteria for the subclass 820 visa, specifically clause 820.223 of Schedule 2 to the Migration Regulations 1994. This clause relates to the assessment of an applicant's character, including considerations arising from their criminal history.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the documentary evidence provided. It found that Ms. Sukerti met the criteria under clause 820.223. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified visa criteria.