De Lima (Migration)

This matter concerned an application for review by the applicant, De Lima, before the Administrative Appeals Tribunal (AAT). The dispute centred on whether the applicant met the requirements for a Temporary Activity (Class GG) visa, specifically Subclass 408 (Temporary Activity), in relation to providing criminal history statements.

The primary legal issue before the AAT was whether the applicant had satisfied regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of requested documentation or information concerning an applicant's criminal history. The Department had initially requested an AFP National Police Check and an overseas police check, which the applicant had not provided prior to the initial decision. The AAT was required to determine if the subsequent provision of these documents on review satisfied the regulatory requirement.

The Tribunal reasoned that the applicant had now complied with the request for police clearance certificates from countries of residence. Specifically, the applicant provided an AFP Certificate for Immigration/Citizenship dated 14 May 2024 and a clearance from the Polícia Federal of Brazil dated 17 April 2024. As these documents had been provided, the Tribunal found that the applicant satisfied regulation 2.03AA(2)(a). The Tribunal also noted that it did not consider a hearing to be necessary, as it was able to find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA for a Subclass 408 visa.