Takemanu (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The applicant had provided a national police clearance certificate from Papua New Guinea. The Tribunal ultimately remitted the application for reconsideration with a direction that the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 820 visa, specifically in relation to character requirements as evidenced by the national police clearance certificate. The Tribunal was required to determine if it could make a decision in favour of the applicant based on the existing material without a hearing.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets the criteria specified in cl 820.223(1)(a) of Schedule 2 to the *Migration Regulations 1994* (Cth).