Engstrom (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant's criminal history was in question. The applicant, Engstrom, sought review of a decision concerning their visa application before 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 relevant regulations for the character test. The Tribunal was required to determine if the documentation provided by the applicant satisfied this requirement.

The Tribunal found that the applicant had provided a statement from the Swedish Police dated 7 January 2022, which confirmed there was no information about the applicant on their records. The Tribunal concluded that this statement satisfied regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 600 visa.