Jose (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant's criminal history was in question. The decision was made by Gabrielle Cullen, a Member of the Tribunal, without a hearing, based on the material before it.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by Regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal also considered whether a request for a completed Form 80 had been made by the delegate, which would engage Regulation 2.03AA(2)(b).

The Tribunal found that the applicant had provided an Australian Federal Police Certificate dated 15 March 2023, which satisfied the requirement of Regulation 2.03AA(2)(a). Furthermore, as there was no evidence that the delegate had requested a Form 80, the Tribunal determined that Regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the criteria under Regulation 2.03AA(2).

The Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with a direction that the applicant meets the criteria specified in Regulation 2.03AA(2).