Zawarus (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Provisional) (Class UF) visa, Subclass 309, made by Mrs Krystyna Kozak-Zawarus. The dispute concerned whether the applicant met a specific criterion for the visa, which had been impacted by evidence of her criminal record.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the relevant criterion for the Subclass 309 visa, specifically clause 309.225 of Schedule 2 to the Regulations, in light of new evidence concerning her criminal history.

The Tribunal's reasoning was based on new evidence received on 20 May 2019, which comprised a document from the Polish Ministry of Justice and its certified translation. This document indicated that as at 9 May 2019, Mrs Kozak-Zawarus did not appear in the Register of National Criminal Record. Being satisfied that this new evidence demonstrated the criterion was met, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration, with the direction that the applicant meets the specified criteria for a Subclass 309 visa.