Chuaisaeng (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant with a criminal history. The dispute centred on whether the applicant had satisfied a specific regulatory requirement concerning the provision of a statement from an appropriate authority regarding their criminal history.

The primary legal issue before the Tribunal was to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether they possessed a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal reasoned that the applicant had indeed provided the necessary documentation. Specifically, an overseas police clearance certificate from the Royal Thai Police, dated 7 August 2024, was received on 12 August 2024. This certificate stated that the applicant had exhibited ‘no behaviour endangering the peace and order or the security of the State’. The Tribunal was satisfied that this document constituted a statement from an appropriate authority, thereby meeting the criteria of regulation 2.03AA(2)(a).

Consequently, the Tribunal decided to remit the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration. The Tribunal directed that the applicant be found to meet the criteria under regulation 2.03AA(2)(a).