Bulgan (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to providing a criminal history statement.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement under regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding the applicant's criminal history. The delegate had requested an Australian Federal Police (AFP) National Police Certificate, and the applicant subsequently provided an AFP Certificate dated 23 December 2023.

The Tribunal considered the provided AFP Certificate and concluded that it constituted a statement from an appropriate authority, thereby satisfying the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal found that the applicant met regulation 2.03AA(2) in its entirety. The Tribunal remitted the application for reconsideration with a direction that the applicant had met this specific criterion for the Subclass 408 visa.