Culligan (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The applicant sought review of a decision to refuse the visa. The Tribunal, constituted by Meena Sripathy, considered whether the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by regulation 2.03AA(2)(a). The Tribunal also considered whether a requirement for a completed approved Form 80, as stipulated in regulation 2.03AA(2)(b), was applicable in this instance.

The Tribunal found that the applicant had provided a police certificate issued by the Australian Federal Police dated 10 March 2022, which satisfied the requirement under regulation 2.03AA(2)(a). Furthermore, the Tribunal noted that there was no evidence that the original delegate had requested a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) did not apply. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in regulation 2.03AA(2) for a Subclass 461 visa.