An (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, made by the applicant. The delegate of the Minister refused to grant the visa on the basis that the applicant had failed to satisfy Regulation 2.03AA of the Migration Regulations 1994, which requires the provision of a statement from a relevant authority regarding criminal history when requested. The applicant subsequently sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced their criminal history, as required by Regulation 2.03AA(2)(a) in conjunction with Public Interest Criterion 4001 and clause 408.216 of Schedule 2 to the Regulations. The delegate had requested an Australian Federal Police National Police Certificate on multiple occasions, which the applicant failed to provide within the prescribed timeframes, leading to the refusal.

The Tribunal found that while the applicant initially failed to provide the requested Australian Federal Police National Police Certificate to the delegate, they subsequently submitted such a certificate dated 9 August 2022 after applying for review. This certificate confirmed the applicant had no disclosable court outcomes recorded. The Tribunal was satisfied that this document constituted a statement from an appropriate authority and that the applicant therefore met Regulation 2.03AA(2).

Consequently, the Tribunal remitted the application for reconsideration, with a direction that the applicant meets the criteria under Regulation 2.03AA(2) for the Subclass 408 visa. The Tribunal noted that the provision of the certificate to the Tribunal, rather than the delegate, had unnecessarily led to the review process.