Gong (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant's character was in question due to a lack of evidence regarding their criminal history. The Administrative Appeals Tribunal, constituted by Member Nicole Burns, reviewed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by the Migration Regulations. The Department had previously requested such statements from both Australian and Chinese authorities, which the applicant had failed to provide by the time of the delegate's decision.

The Tribunal found that the applicant had subsequently provided sufficient evidence on review. This included a translated copy of a Penal Clearance Certificate from China and a Notarial Certificate from the Shanghai Yangpu Notary Public Office, both certifying the applicant had no criminal record during their residence in China. Additionally, an Australian National Police certificate confirmed no disclosable court outcomes. The Tribunal concluded that these documents satisfied regulation 2.03AA(2)(a) of the Migration Regulations, establishing that the applicant had provided statements from appropriate authorities regarding their criminal history.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration. The Tribunal directed that the applicant be found to meet the criteria under regulation 2.03AA(2).