Ardizzoni Castro (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa (subclass 408) by the first named applicant, with the second named applicant also included. The dispute arose when the Department requested a statement from an appropriate authority regarding the first named applicant's criminal history, which was not provided with the initial application. The decision was made by Penelope Hunter, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the first named applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from a relevant authority concerning criminal history if requested. The Tribunal also considered the possibility of waiving this requirement under regulation 2.03AA(3) if it was not reasonable for the applicant to provide the statement, though it noted that the requirement for a completed Form 80 could not be waived.

The Tribunal reasoned that while the initial application lacked the required statement, the first named applicant subsequently provided an Australian Federal Police (AFP) National Police Certificate. This certificate disclosed no reportable outcomes, thereby satisfying the requirement of regulation 2.03AA(2)(a). The Tribunal accepted the applicant's submission that he had not received the Department's request for the statement.

Consequently, the Tribunal remitted the applications for the Temporary Activity (Class GG) visas for reconsideration by the Minister. The remittal was made with the direction that the first named applicant had met the criteria under regulation 2.03AA(2)(a), allowing the Minister to consider the remaining criteria for both applicants.