Dos Santos (Migration)

This matter concerned an appeal by the applicant, Dos Santos, against a decision by the Department to refuse their application for a Temporary Activity (Class GG) visa, Subclass 408. The appeal was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by the Migration Regulations.

The Tribunal found that the applicant had provided an Australian National Police Certificate dated 17 May 2024, a Brazilian Federal Criminal History Check dated 15 May 2024, and a São Paulo State Criminal History Record Check dated 15 May 2024. The Tribunal was satisfied that these documents were genuine, current, and valid for the purposes of regulation 2.03AA(2)(a) of the Migration Regulations. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2).