Wong (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa, subclass 820 (Spouse). The applicant failed to provide a police clearance certificate from Singapore, a country in which he had resided for 12 months or more over the last 10 years since turning 16. The Administrative Appeals Tribunal, constituted by Member Mary Urquhart, was required to determine whether the applicant met the prescribed criterion for the visa, specifically paragraph 2.03AA(2)(a), which mandates evidence of no criminal history.

The Tribunal considered the applicant's failure to provide the requested police clearance certificate. The Tribunal had previously requested this documentation under section 359A, granting an extension of time for the applicant to respond. Despite these requests, the applicant informed the Tribunal that he was still unable to obtain the certificate by the extended deadline. No further documentation or claims were presented to the Tribunal to explain why it was not reasonable for the applicant to provide the outstanding documentation.

Consequently, the Tribunal found that the applicant had not satisfied the prescribed criterion in paragraph 2.03AA(2)(a), and therefore did not meet subregulation 2.03AA(2) in its entirety. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa.