Han (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms Han for a Visitor (Class FA) visa, Subclass 600. The dispute concerned whether Ms Han had provided sufficient evidence of her criminal history, or lack thereof, as required by the Migration Regulations.

The primary legal issue before the Tribunal was whether Ms Han had satisfied regulation 2.03AA(2)(a) of the Migration Regulations, which requires an applicant to provide a statement from an appropriate authority regarding their criminal history. The Department had previously requested such a statement from Ms Han, which she had failed to provide by the time of the delegate's decision.

The Tribunal found that Ms Han had subsequently provided a translated notarial certificate from the Changwei Notary Office in China, dated 9 April 2021, certifying she had no criminal record in China up to that date. Additionally, an Australian National Police certificate confirmed no disclosable court outcomes against her name as at 20 October 2020. The Tribunal concluded that these documents constituted statements from appropriate authorities, satisfying regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms Han met this criterion for the Subclass 600 visa.