Amarjit Singh (Migration)

The Administrative Appeals Tribunal considered applications for Temporary Activity (Class GG) visas, Subclass 408, made by Amarjit Singh and another applicant. The core dispute concerned whether the applicants had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicants had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of a completed approved Form 80.

The Tribunal found that both applicants had provided Police Clearance Certificates from the Australian Federal Police and from India, which satisfied the requirement for a statement from an appropriate authority under regulation 2.03AA(2)(a). Furthermore, the Tribunal noted there was no evidence that the delegate had requested a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) did not apply. Consequently, the Tribunal concluded that the applicants met the criteria under regulation 2.03AA(2).

The Tribunal remitted the applications for Temporary Activity (Class GG) visas, Subclass 408, for reconsideration, directing that the applicants met the criteria under regulation 2.03AA(2).