Welch (Migration)

The Administrative Appeals Tribunal considered an application by Welch for a Partner (Residence) (Class BS) visa, specifically a Subclass 801 (Spouse) visa. The dispute centred on whether the applicant had provided a requested police clearance certificate from the USA.

The Tribunal was required to determine if the applicant had satisfied the requirement for a police clearance certificate as requested by the Department. The Tribunal also needed to consider the appropriate course of action given the evidence presented.

The Tribunal found that the applicant had indeed provided evidence of a police clearance certificate from the USA. Consequently, the Tribunal concluded that the matter should be remitted for re-consideration by the Minister, with a direction that the applicant meets the criteria under cl 801.223 of Schedule 2 to the Regulations. The application was remitted for reconsideration of the remaining criteria for the Subclass 801 visa.