Chand (Migration)

This matter concerned an application for an Extended Eligibility (Temporary) (Class TK) visa, specifically a Subclass 445 (Dependent Child) visa. The applicant sought review of a decision to refuse this visa. The central dispute revolved around whether the applicant had provided adequate police clearance statements from the relevant authorities, as required by the regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied 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. This required the Tribunal to determine if the police certificates submitted by the applicant constituted statements from appropriate authorities, fulfilling the regulatory requirement.

The Tribunal reasoned that although the applicant initially failed to provide the requested police certificates within the specified timeframes, leading to the initial refusal, subsequent submissions rectified this deficiency. The Tribunal received a police certificate from the Fiji Police Force and a National Police Certificate from the Australian Federal Police. Being satisfied that these documents were issued by appropriate authorities and provided the necessary evidence regarding the applicant's criminal history, the Tribunal concluded that regulation 2.03AA(2) had been met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.