Gipper (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, subclass 461, made by Mrs. Gipper. The primary dispute revolved around whether the applicant met the criminal history criterion, specifically Public Interest Criterion (PIC) 4001, which is linked to regulation 2.03AA. The decision was made by a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had satisfied regulation 2.03AA, which requires the provision of specific documentation relating to criminal history and character, and consequently, whether the applicant met the requirements of clause 461.223 for the visa subclass. The Tribunal was also required to determine the appropriate course of action given the evidence presented.

The Tribunal reasoned that while the initial delegate found the applicant did not satisfy clause 461.223, this was based on the perceived failure to provide a police certificate and meet regulation 2.03AA. However, the applicant subsequently provided a certificate from the US Department of Justice, Federal Bureau of Investigations, indicating no disclosable court or criminal outcomes, and a completed Form 80 was on file. The Tribunal was satisfied that the applicant had now met the requirements of regulation 2.03AA(2). Consequently, the Tribunal determined that the delegate was now in a position to assess PIC 4001.

The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets regulation 2.03AA(2) for the purposes of clause 461.223. The Minister was to undertake further consideration of whether the applicant meets PIC 4001 and any remaining criteria for the visa.