Geldenhuys (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had satisfied a specific regulatory requirement concerning their 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 they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal was also required to consider whether, if the requirement was not met, it should be waived in the circumstances.

The Tribunal found that the applicant had indeed provided a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a). Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2) for the Subclass 600 visa.

As a result, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with the direction that the applicant met the criterion specified in regulation 2.03AA(2).