Doran (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant with a criminal history. The central dispute concerned whether the applicant had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced their criminal history. Specifically, the Tribunal had to assess if the documents submitted by the applicant met the criteria of regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal reasoned that the applicant had indeed provided the necessary statements from appropriate authorities. This conclusion was based on the applicant submitting both an AFP National Police Certificate and a UK Police Certificate. The Tribunal noted that the UK Police Certificate, issued on 13 June 2022, clearly showed convictions for two offences in October 2013. Consequently, the Tribunal found that the applicant met the requirements of regulation 2.03AA(2)(a) and, by extension, regulation 2.03AA(2).

As a result of these findings, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration. The reconsideration was to proceed with the direction that the applicant had met the criteria under regulation 2.03AA(2).