Diaz (Migration)

The Administrative Appeals Tribunal considered an application for review by a New Zealand citizen concerning a refusal of a Subclass 461 New Zealand Citizen Family Relationship (Temporary) visa. The applicant's criminal history was a central issue in the refusal decision.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations. The primary decision had refused the visa on the basis that the applicant had not provided the necessary police certificates from the United States at the time of the delegate's decision.

The Tribunal found that the applicant had, on review, provided a clearance document issued by the United States Federal Bureau of Investigation on 11 March 2022, which satisfied the requirement of regulation 2.03AA(2)(a). The Tribunal also noted that the applicant had provided other evidence, including a statement from their partner, detailing their relationship and the birth of a child. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a). The Tribunal also noted that the applicant would need to provide a completed Form 80 if requested by the Department for the decision maker to be satisfied of meeting all criteria.