1830874 (Refugee)

The applicant sought a protection visa, with the central dispute revolving around whether they had provided a statement from an appropriate authority regarding their criminal history. The applicant claimed not to have a criminal history and stated they had not resided in Pakistan, thus lacking the documentation to obtain an overseas police clearance. The matter came before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had satisfied the requirements of Regulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of an overseas police clearance or, in its absence, a statement from an appropriate authority.

The Tribunal found that the applicant had not provided the required statement from an appropriate authority. However, it also found that the applicant met the criteria under Regulation 2.03AA(2) based on the information before it. Consequently, the Tribunal remitted the application for a Safe Haven Enterprise Visa (Class XE) for reconsideration, directing that the applicant met the criteria for a Subclass 790 visa.