Bodman (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant with a criminal history. The central dispute concerned whether the applicant had satisfied the regulatory requirements regarding the provision of a criminal history statement from an appropriate authority.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they possessed 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 provided Police Clearance Certificates from both the Australian Federal Police and the United Kingdom, which were considered statements from appropriate authorities. Consequently, the Tribunal concluded that the applicant met the requirements of regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a Form 80, regulation 2.03AA(2)(b) was not applicable. Based on these findings, the Tribunal determined that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with the direction that the applicant had met the criteria under regulation 2.03AA(2).