Florea (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant who had provided a Romanian police clearance certificate. The central dispute concerned whether the applicant had satisfied the requirements of Regulation 2.03AA of the Migration Regulations 1994, specifically regarding the provision of a statement from an appropriate authority about her criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as requested by the Department. The applicant had initially failed to provide a Romanian police certificate, although she did provide one from the United States. The Tribunal noted that the Department had requested such a statement from Romania.

The Tribunal found that the applicant had subsequently provided a translated certificate from the Ministry of Internal Affairs of Romania, dated 21 June 2019, which stated she had no criminal record. As there was no material to suggest this document was not genuine, the Tribunal was satisfied that the applicant had met the requirement under Regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence of a request for a completed Form 80, rendering Regulation 2.03AA(2)(b) inapplicable.

Consequently, the Tribunal remitted the application for the Temporary Activity (Class GG) visa for reconsideration by the Minister, with a direction that the applicant met the criteria under Regulation 2.03AA(2). The Minister was to consider the remaining criteria for the Subclass 408 visa.