Hiendra (Migration)

The Administrative Appeals Tribunal considered an application for a Parent (Migrant) (Class AX) visa, Subclass 103, brought by the applicants. The central dispute concerned whether the applicants had met Public Interest Criterion 4001, which requires the provision of an authorised criminal clearance certificate. While Australian and Indonesian police certificates were provided to the Tribunal, an authorised criminal clearance certificate was not.

The Tribunal was required to determine whether the failure to provide the authorised criminal clearance certificate meant that the applicants did not meet the requirements for the visa. Specifically, the Tribunal had to consider the implications of Regulation 2.03AA(2) in light of the documentation that had been provided.

The Tribunal found that the applicants did meet Regulation 2.03AA(2). Based on this finding, the Tribunal remitted the applications for reconsideration. The Tribunal directed that the first named visa applicant be considered to meet the criteria for a Subclass 103 visa, specifically in relation to Regulation 2.03AA(2).