Ghamri (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Ghamri for a Working Holiday (Temporary) (Class TZ) visa, subclass 417. The dispute centred on Mr. Ghamri's failure to provide required police clearances, specifically an Australian Federal Police check and a Belgian Police Certificate, which were requested by the delegate and subsequently by the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Ghamri had provided a statement from an appropriate authority that evidenced whether or not he had a criminal history, as required by migration regulations. This included determining if he had satisfied sub-regulation 2.03AA(2), Public Interest Criterion 4001, and Regulation 417.221.

The Tribunal reasoned that Mr. Ghamri had not provided the necessary documentation despite multiple requests. The Tribunal noted that an earlier delegate had refused the visa because the applicant provided an unacceptable national coordinated criminal history check and failed to respond to further requests. The Tribunal itself had requested an Australian Federal Police National Police Check, to which no response was received. Furthermore, the Tribunal was informed by the Australian Border Force that a bench warrant had been issued for Mr. Ghamri's arrest due to his failure to appear in court on criminal charges. While Mr. Ghamri claimed he did not understand the requirements previously, the Tribunal found that he had not provided a reasonable explanation for his continued failure to supply the clearances, nor had he provided evidence to satisfy the relevant criteria.

Consequently, the Tribunal concluded that Mr. Ghamri did not meet the requirements of sub-regulation 2.03AA(2) and affirmed the decision to refuse the Working Holiday visa.