Hooper (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 applicant had provided a criminal history statement from the United Kingdom and a nationally coordinated criminal history check from Australia.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of a statement from an appropriate authority regarding their criminal history. The Tribunal also considered whether a request for an approved Form 80 had been made by the delegate.

The Tribunal reasoned that the applicant had indeed provided statements from appropriate authorities, namely the UK ACRO Criminal Records Check and the Australian Nationally Co-Ordinated Criminal History Check, thereby satisfying regulation 2.03AA(2)(a). Furthermore, the Tribunal found no evidence that the delegate had requested the applicant to provide an approved Form 80, meaning the requirement under regulation 2.03AA(2)(b) did not apply in this instance.

Consequently, the Tribunal determined that the applicant met the criteria under regulation 2.03AA(2). The Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with the direction that the applicant had met the specified criteria.