Hadj Abdallah (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Hadj Abdallah for a Temporary Activity visa (Subclass 408). The dispute concerned whether the applicant had satisfied the requirements for obtaining the visa, specifically in relation to providing police certificates.

The primary legal issue before the Tribunal was whether the applicant had provided sufficient evidence to meet the requirements of regulation 2.03AA of the Migration Regulations 1994. This regulation pertains to the provision of statements from appropriate authorities regarding disclosable court outcomes. The Tribunal also considered whether a request for a completed Form 80 had been made by the original decision-maker.

The Tribunal reasoned that while the original delegate had requested overseas police clearance certificates, the applicant had subsequently provided copies of Italian and French National Police Certificates. These certificates confirmed that no disclosable court outcomes were recorded against the applicant's name, thereby satisfying regulation 2.03AA(2)(a). The Tribunal found no evidence that a request for a completed Form 80 had been made, meaning regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 408 visa.