Caropreso (Migration)

This matter concerned an application for review of a decision to refuse a Subclass 461 New Zealand Citizen Family Relationship (Temporary) visa. The applicant, a New Zealand citizen, sought review of the primary decision before the Administrative Appeals Tribunal. The core of the dispute revolved around the applicant's criminal history and the provision of police certificates from relevant authorities.

The Tribunal was required to determine whether the applicant had provided statements from appropriate authorities evidencing whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The primary decision had been made on the basis that the applicant had not provided the necessary Australian and Italian police certificates by the requested date.

The Tribunal found that the applicant had subsequently provided a copy of his Australian Federal Police National Police Clearance dated 7 June 2023, and statements pertaining to his police clearance issued by Italian authorities on 26 July 2023 and 1 August 2023. Consequently, the Tribunal concluded that the applicant had met the requirements of regulation 2.03AA(2)(a). The Tribunal noted that further information, such as a completed Form 80 if requested by the Department, might be necessary for the applicant to satisfy all criteria under regulation 2.03AA(2) in its entirety.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a) for the Subclass 461 visa.