Gimenez (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant with a criminal history. The core dispute revolved around the applicant's compliance with regulatory requirements concerning the disclosure of their criminal history, specifically the provision of a statement from an appropriate authority.

The legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of requested documentation or information relating to an applicant's criminal history. This included providing an Australian Federal Police (AFP) National Police Certificate for immigration purposes and overseas police checks. The Tribunal had to determine if the documentation provided by the applicant, including an Argentinian criminal record certificate and an AFP National Police Certificate, met the requirements of the regulation.

The Tribunal reasoned that while the applicant initially provided an AFP National Police Certificate for "Other Commonwealth Purpose" and an Argentinian criminal record certificate, these did not fully satisfy the request for an AFP Certificate for Immigration/Citizenship. Upon further request from the Tribunal, the applicant provided an appropriate AFP Certificate dated 12 July 2024, along with the overseas police clearance. Consequently, the Tribunal found that the applicant had now complied with the requirements of regulation 2.03AA(2)(a).

The Tribunal remitted the application for reconsideration with a direction that the applicant satisfies regulation 2.03AA(2). This enabled the Minister to proceed with assessing whether the applicant met the remaining criteria for the grant of a Subclass 408 visa, including clause 408.216 and other relevant requirements.