Arban (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600. The applicant had initially failed to provide an Australian Federal Police National Police Certificate, an overseas penal certificate from the Philippines, and a medical check result when requested by the visa delegate. The Tribunal subsequently invited the applicant to provide these documents, along with a statement from an appropriate authority regarding any criminal history. The applicant then provided an Australian Federal Police National Police Certificate and a penal certificate from the Philippines, both dated 15 December 2022, indicating no criminal record, as well as evidence of a medical examination.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement to provide a statement from an appropriate authority evidencing whether or not she had a criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered the applicant's explanation that she had mistakenly believed the required documents had been uploaded to her IMMI account at the time of the initial visa application.

The Tribunal accepted the applicant's explanation that she had erroneously believed the documents were lodged. Having received statements from the appropriate authorities confirming no criminal record, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, subclass 600, for reconsideration, with a direction that the applicant satisfied the criteria under regulation 2.03AA(2).