Tang (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal regarding a Partner (Temporary) (Class UK) visa, Subclass 820 (Spouse). The applicant had a criminal history, and the central dispute revolved around the validity and currency of police checks provided to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of genuine and current police checks. This regulation is a criterion for the grant of a Subclass 820 visa, particularly where an applicant has a criminal history.

The Tribunal, after considering the evidence, including a Chinese Notarial Certificate, was satisfied that the police checks submitted by the applicant were genuine and current. Consequently, the Tribunal found that the applicant met the requirements of regulation 2.03AA(2)(a) and, having already submitted a Form 80, also met regulation 2.03AA(2)(b). As both sub-paragraphs of regulation 2.03AA(2) were satisfied, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this criterion.