Acosta (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning her eligibility for the visa, specifically in relation to providing a criminal history statement.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding an applicant's criminal history. The Tribunal also considered whether a requirement to provide an approved Form 80 applied, given the absence of evidence that such a request had been made by the original decision maker.

The Tribunal found that while an initial scanned copy of a Certificate of Criminal Status from the Kuwaiti government, purportedly issued on 4 April 2018, could not be verified, the applicant subsequently presented the original document at the hearing. The Tribunal was satisfied that this original certificate was the same document as the scanned copy and therefore constituted a statement from an appropriate authority, meeting the requirement of reg 2.03AA(2)(a). As there was no evidence that the applicant had been requested to provide a Form 80, the Tribunal concluded that reg 2.03AA(2)(b) did not apply.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2) for the Subclass 457 visa.