Boudet (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa (Subclass 408) by Mr. Boudet. The dispute arose when the Department of Home Affairs requested criminal history statements from Australia and any country where the applicant had resided for 12 months or more in the preceding 10 years. The applicant initially failed to provide the requested information within the specified timeframe, leading to a refusal. The Administrative Appeals Tribunal, however, found that the applicant had subsequently provided the necessary statements, including an AFP National Police Certificate, a French National Criminal Record certificate, and a New Zealand Ministry of Justice clearance.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994, specifically concerning the provision of statements from appropriate authorities regarding his criminal history. The Tribunal was required to determine if the documents submitted by the applicant constituted sufficient evidence to meet this regulatory criterion.

The Tribunal reasoned that while the applicant had not initially provided the requested documents, he had subsequently submitted an AFP Digital National Police Certificate, a French National Criminal Record certificate, and a Criminal Convictions clearance certificate from New Zealand. The Tribunal concluded that these documents, once provided, met the requirements of regulation 2.03AA(2)(a). The Tribunal also noted that it had not considered it necessary to hold a hearing, as it was able to find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958.

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