Wong (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820, made by an applicant whose criminal history was initially not provided to the Department. The applicant subsequently provided a National Police Certificate from the Australian Federal Police, dated 14 March 2018, to the Tribunal.

The central legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires the provision of a statement from an appropriate authority regarding the applicant's criminal history. The Tribunal was tasked with determining if the National Police Certificate constituted sufficient evidence to meet this regulatory requirement.

The Tribunal reasoned that the National Police Certificate, stating no disclosable court outcomes were recorded against the applicant, was a statement from an appropriate authority. Consequently, the Tribunal concluded that the applicant had met the criteria under regulation 2.03AA(2)(a). The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration with a direction that the applicant satisfies this specific criterion.