Antonio (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600. The applicant had provided a criminal record certificate from the Philippines and a statement from the Australian Federal Police. The primary dispute concerned whether the applicant had satisfied the regulatory requirements for providing statements from appropriate authorities regarding their criminal history.

The Tribunal was required to determine whether the applicant 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 1994. The Tribunal also considered whether a request for a completed Form 80 had been made by the original decision-maker, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the applicant had ultimately provided updated statements from both the Philippines National Bureau of Investigation and the Australian Federal Police, certifying no derogatory records or disclosable court outcomes, respectively. These documents satisfied the requirements of regulation 2.03AA(2)(a). Furthermore, the Tribunal noted there was no evidence that the applicant had been requested to provide a Form 80, rendering regulation 2.03AA(2)(b) inapplicable. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Visitor (Class FA) visa, subclass 600, for reconsideration, with a direction that the applicant meets the criteria specified in regulation 2.03AA(2).