Biu (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, Subclass 804, made by an applicant who had not initially provided evidence of their criminal history. The Tribunal was tasked with determining whether the applicant met the relevant visa criteria, specifically in light of subsequently provided evidence.

The central legal issue before the Tribunal was whether the applicant satisfied the requirement to provide evidence of their criminal history, a prerequisite for the Subclass 804 visa. This involved assessing whether the evidence, which was not initially submitted, could be considered and if its late provision was sufficient to meet the criterion.

The Tribunal's reasoning focused on the impact of the new evidence received on 9 March 2018, namely an Australian National Police Certificate dated 1 March 2018. Being satisfied that this new evidence addressed the previously unmet criterion, the Tribunal concluded that the applicant did indeed meet the requirements. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under cl.804.226 of Schedule 2 to the Regulations.