Hojo (Migration)

This matter concerned an application for a Subclass 401 Temporary Work (Long Stay Activity) visa, Religious Worker stream. The applicant sought review of a decision that failed to grant the visa, primarily due to the applicant's failure to provide requested offshore police certificates. The Administrative Appeals Tribunal considered the case on the papers, deeming a hearing unnecessary.

The central legal issue before the Tribunal was whether the applicant satisfied regulation 2.03AA of the Migration Regulations 1994. This regulation imposes an additional requirement for visa applicants who must satisfy Public Interest Criterion 4001, mandating the provision of requested documentation or information relating to their criminal history, including offshore police certificates and a completed Form 80. The delegate had been unable to assess the applicant against PIC 4001 because these documents had not been provided.

The Tribunal reasoned that the applicant had, by the time of the review, provided a Certificate of Criminal Record from Japan and a Complete Disclosure National Police Certificate from the Australian Federal Police. These documents satisfied the requirement under regulation 2.03AA(2)(a) for an offshore police certificate. Consequently, the Tribunal found that the applicant met the criterion in regulation 2.03AA.

The Tribunal remitted the application to the Minister with a direction that the applicant satisfies regulation 2.03AA. The Minister was directed to undertake further consideration of whether the applicant meets clause 401.216 and any remaining criteria for the grant of the Subclass 401 visa.