Chen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by the applicant, Ms Chen. The primary dispute revolved around the applicant's failure to provide evidence of her criminal history, specifically an Australian Federal Police National Police Certificate (AFP NPC), in a timely manner. The decision was made by Naomi Schmitz, a Member of the Tribunal.

The legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by regulation 2.03AA(2)(a). The applicant had initially failed to provide the AFP NPC upon request by the delegate, and later lodged a second application for the certificate the day before the hearing, serving documents late and in non-compliance with the President's Practice Direction.

The Tribunal Member noted the applicant's explanation that the AFP had not provided her original request in June 2019 and that the AFP NPC needed to be current to the date of submission. The applicant also stated she had been vacillating about proceeding with the application but decided against withdrawal to avoid a visa refusal on her record, as she wished to visit her son studying in Australia. The Tribunal was satisfied that the applicant had taken steps to obtain the required statement. Upon receiving the AFP NPC on 7 October 2022, which disclosed no criminal record in Australia, and having also provided a Chinese criminal record history, the Tribunal found the applicant met the requirements of regulation 2.03AA(2).

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, with the direction that the applicant meets the criteria under regulation 2.03AA(2) for a Subclass 600 visa.