Camelio Vilicic (Migration)

This matter concerned an application for a Temporary Activity visa (Subclass 408) by Camelio Vilicic. The applicant had provided an Australian Federal Police National Police Clearance, but the Department had requested a statement from an appropriate overseas authority regarding any criminal history. The applicant's visa was refused because this statement had not been provided by the time of the delegate's decision. The Administrative Appeals Tribunal was asked to review this refusal.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994, which requires a statement from an appropriate authority providing evidence about whether the applicant has a criminal history. The Tribunal needed to determine if the document provided by the applicant constituted such a statement from an appropriate authority.

The Tribunal found that the applicant had subsequently provided a translated copy of his Chilean police certificate, issued on 24 January 2023. The Tribunal concluded that this Chilean police certificate was a statement from an appropriate authority in Chile, thereby satisfying the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal determined that the applicant met the criteria under regulation 2.03AA(2) for the Subclass 408 visa.

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