Johnston (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant with a criminal history. The dispute centred on whether the applicant had satisfied a specific regulatory requirement concerning statements from appropriate authorities about her criminal history.

The Tribunal was required to determine whether the applicant had provided statements from appropriate authorities that evidenced whether or not she had a criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations. The Department had previously requested such statements from the applicant, who failed to provide them within the specified timeframe.

The Tribunal found that the applicant had subsequently provided statements from appropriate authorities in both Canada and Australia. Based on this finding, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2). Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with a direction that the applicant satisfied the criteria under regulation 2.03AA(2).