Villarba (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by Mr. Villarba. The primary dispute concerned whether Mr. Villarba's criminal history, as evidenced by a Kenyan Police Clearance Certificate and an Australian Federal Police Certificate, met the requirements for the visa.

The Tribunal was required to determine whether the applicant met the criteria for a Subclass 820 visa, specifically in relation to the assessment of his criminal history as required by the relevant regulations.

The Tribunal found that a hearing was not necessary, as it could determine the matter in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under Regulation 2.03AA(2).