Jain (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by Ms Jain. The Administrative Appeals Tribunal, constituted by Mireya Hyland, was required to determine whether Ms Jain had satisfied certain character requirements for the visa.

The primary legal issues before the Tribunal were whether Ms Jain had provided a statement from an appropriate authority in India and Australia detailing any criminal history, and whether she had completed an approved Form 80, as required by regulation 2.03AA(2) of the Migration Regulations 1994.

The Tribunal found that Ms Jain had provided an Australian Federal Police National Police Certificate dated 10 January 2023 and an Indian Police Clearance Certificate from the Consulate General of India in Sydney, dated 29 August 2023. She had also provided a completed Form 80 dated 18 August 2023. Based on this evidence, the Tribunal concluded that Ms Jain met the requirements of regulation 2.03AA(2)(a) and (b). Consequently, the Tribunal remitted the application for reconsideration with a direction that Ms Jain met the criteria under regulation 2.03AA(2).