TAO (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, Subclass 820, before the Administrative Appeals Tribunal. The applicant had provided a National Police Certificate which indicated no disclosable court outcomes. The Tribunal, constituted by Hugh Sanderson, concluded that the matter should be remitted for reconsideration.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a request for a completed Form 80 had been made, as per regulation 2.03AA(2)(b).

The Tribunal reasoned that while the applicant had not initially provided the required statement from the Australian Federal Police at the time of the Department's decision, they had since supplied a statement dated 13 December 2019 confirming no disclosable court outcomes. This satisfied regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a Form 80, regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal found that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the applications for Partner (Temporary) (Class UK) visas for reconsideration, directing that the first named applicant met the criteria for a Subclass 820 visa under regulation 2.03AA(2).