Aranas (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr Aranas concerning the refusal of a Temporary Activity (Class GG) visa, Subclass 408. The applicant, a citizen of the Philippines residing in Australia, had a migration history requiring police clearances from both his home country and Australia. The delegate had refused the visa application on 15 April 2024.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not he possessed a criminal history, as required by regulation 2.03AA(2) of the Migration Regulations. The applicant had resided in the Philippines and Australia for a cumulative period of 12 months within the last 10 years, necessitating clearances from both jurisdictions.

Member Nathan Goetz reasoned that the applicant had, in fact, provided the requisite statements to the Tribunal after the initial decision. These included a document from the Department of Justice of the Philippines dated 22 March 2024, indicating no record on file, and a document from the Australian Federal Police dated 13 January 2024, stating no disclosable court outcomes. The Tribunal found these documents to be statements from relevant authorities that satisfied the requirement of regulation 2.03AA(2). Consequently, the Tribunal set aside the delegate's decision and remitted the visa application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for the Subclass 408 visa.