Ahlschlaeger (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 461 New Zealand Citizen Family Relationship (Temporary) visa. The applicant's visa application had been refused by the Department's delegate on the basis that the applicant had not provided sufficient evidence regarding their criminal history. The core of the dispute revolved around whether the applicant had satisfied the requirements of subregulation 2.03AA(2) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had provided statements from appropriate authorities that evidenced whether or not they had a criminal history. Specifically, the Tribunal needed to assess if the police certificates requested by the delegate, and subsequently by the Tribunal, met the regulatory requirements. The delegate had initially requested Australian and German police certificates, which were not provided before the delegate's decision.

The Tribunal found that the applicant had subsequently provided a police clearance certificate from the Australian Federal Police, dated 10 February 2022, and a German police certificate, dated 7 July 2022, after being invited to do so by the Tribunal. The Tribunal concluded that these documents constituted statements from appropriate authorities as requested, thereby satisfying the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA(2).