Felloni (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)), before the Tribunal. The applicant sought review of a decision to refuse their visa application, which had been based on a failure to provide requested police checks.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of evidence about their criminal history from appropriate authorities. The Tribunal also considered whether a requirement to provide an approved Form 80 applied in this instance.

The Tribunal reasoned that the applicant had, on review, provided the necessary documentation, including an Australian Federal Police National Police Certificate, an Italian General Certificate of Criminal Records, and an Italian certificate of pending criminal charges. These documents indicated no disclosable court outcomes or pending charges. The Tribunal found that the applicant had therefore met the criteria under regulation 2.03AA(2)(a). Furthermore, as there was no evidence that the delegate had requested an approved Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for a Temporary Business Entry (Class UC) visa for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 457 visa.