YAO (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, subclass 309. The applicant sought review of a decision concerning the sponsorship requirements for this visa, specifically relating to police checks.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clauses 309.212 and 309.221 of Schedule 2 to the *Migration Regulations 1994* (Cth), which pertain to the provision of police certificates. The Tribunal was required to determine if the "Certificate of No Criminal Conviction" issued by the Fuzhou Public Security Bureau Taijiang Branch was sufficient to meet these requirements.

The Tribunal found that it had no information before it to raise concerns about the genuineness or accuracy of the provided police certificate. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria under clauses 309.212 and 309.221 of Schedule 2 to the Regulations.