Goncalves (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by the applicant, Ms. Goncalves. The dispute concerned whether the applicant had provided sufficient evidence of her criminal history, as required by migration regulations.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority evidencing whether or not she had a criminal history. This was in light of the applicant's initial failure to provide an Australian Federal Police National Police Certificate (AFP NPC) and overseas criminal record checks to the original decision-maker.

The Tribunal reasoned that the applicant had subsequently provided the necessary documentation. Specifically, on 11 October 2022, the Tribunal received Brazilian Federal and State penal certificates, along with an English translation, dated 28 September 2022, and an AFP NPC dated 30 September 2022. The Tribunal concluded that by providing these statements from the appropriate authorities in both Australia and Brazil, the applicant met the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2).