Flores Enrique (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, brought by Mr Enrique. The dispute before the Administrative Appeals Tribunal (AAT) centred on whether Mr Enrique had satisfied the visa criterion requiring a statement from an appropriate authority regarding his criminal history.

The primary legal issue before the Tribunal was to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not he had a criminal history, as required by the relevant migration regulations. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of a completed approved Form 80.

The Tribunal reasoned that the applicant had provided both an Australian Federal Police Certificate and a Peruvian Police Certificate on 3 June 2024. It found that these documents satisfied the requirement for a statement from an appropriate authority concerning criminal history, thus meeting the criteria under PIC 4001. Furthermore, the Tribunal noted there was no evidence that the delegate had requested a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met 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).