Zhang (Migration)

The Administrative Appeals Tribunal considered an application by Zhang for a Partner (Temporary) (Class UK) visa, Subclass 820. The central dispute concerned whether the applicant had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority as contemplated by Regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a request for a completed Form 80 had been made by the delegate, which would engage Regulation 2.03AA(2)(b).

The Tribunal found that the applicant had provided a notarised no criminal record certificate from the Republic of China dated 7 June 2023 and an updated Australian Police Certificate dated 7 July 2023, both of which recorded no convictions. The Tribunal concluded that these documents constituted statements from appropriate authorities, thereby satisfying Regulation 2.03AA(2)(a). Furthermore, the Tribunal noted there was no evidence that the delegate had requested a completed Form 80, meaning Regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal determined that the applicant met the criteria under Regulation 2.03AA(2). The Tribunal remitted the application for a Partner (Temporary) (Class UK) visa, Subclass 820, for reconsideration with the direction that the applicant meets the specified criteria.