HANZAWA (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa (Subclass 408) made by the applicant, HANZAWA. The dispute concerned whether the applicant met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994 (Cth), specifically in relation to providing a statement from an appropriate authority concerning their criminal history.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994. This regulation pertains to the provision of a statement from an appropriate authority regarding an applicant's criminal history when applying for certain visas. The Tribunal also considered whether a request for a completed Form 80 had been made by the delegate, as this was a potential alternative requirement.

The Tribunal reasoned that the applicant had provided a National Police Certificate from the Australian Federal Police and a Certificate of Criminal Record from the National Police Agency of Japan. These documents were accepted as satisfying the requirement for a statement from an appropriate authority under reg 2.03AA(2)(a). Furthermore, the Tribunal found no evidence that the delegate had requested the applicant to provide a completed Form 80, meaning the requirement under reg 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2). The Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration, directing that the applicant satisfies this specific regulation.