Hockett (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant whose criminal history was in question. The central dispute concerned whether the applicant had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history. Specifically, the Tribunal had to assess if the documentation submitted by the applicant met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994.

The Tribunal found that on 26 October 2022, the applicant provided an Australian Federal Police National Police Certificate. This certificate indicated that there were no disclosable court outcomes recorded in the applicant's name. Based on this finding, the Tribunal concluded that the applicant met the criteria stipulated in regulation 2.03AA(2). Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with the direction that the applicant satisfied the relevant visa criteria.