Farrell (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by the applicant, Farrell. The dispute concerned whether the applicant had provided sufficient evidence of her criminal history, specifically by submitting statements from appropriate authorities as required by the regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of statements from appropriate authorities regarding an applicant's criminal history. This requirement arose after the Department of Home Affairs had initially requested overseas police clearance certificates from countries where the applicant had resided for 12 months or more in the preceding 10 years.

The Tribunal reasoned that while the applicant had not provided the requested certificates to the Department prior to the initial refusal, she subsequently submitted an Irish Police Certificate and an Australian Federal Police Digital National Police Certificate to the Tribunal. The Tribunal found that these documents, having been issued by appropriate authorities, satisfied the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.