Garcia Romero (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant, Garcia Romero, sought review of a decision made by the delegate concerning their criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided statements from appropriate authorities in Australia and Colombia that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The delegate had requested these statements, along with a completed Form 80, on 10 November 2023. While the applicant provided the Form 80 on 8 December 2023, the criminal history statements were not provided by the time the delegate made their decision.

The Tribunal, constituted by Member Anne Grant, found that the applicant had subsequently provided the necessary documentation. An Australian Federal Police National Police Certificate, dated 11 December 2023, revealed a conviction for a minor offence in 2018. Furthermore, a certificate and statement from the Republic of Colombia, dated 8 July 2024, confirmed the applicant had no criminal record in Colombia. As the applicant had now provided statements from appropriate authorities in both jurisdictions, they met the requirements of regulation 2.03AA(2)(a). The Tribunal also noted that the applicant had complied with the request for a completed Form 80, meaning regulation 2.03AA(2)(b) did not apply.

Consequently, the Tribunal remitted the application for a Student (Temporary) (Class TU) visa for reconsideration, with a direction that the applicant meets the criteria under regulation 2.03AA(2).