Kabir (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, made by Kabir. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had provided statements from appropriate authorities regarding his criminal history.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of statements from appropriate authorities concerning an applicant's criminal history. The Department of Home Affairs had initially requested an Australian Federal Police (AFP) National Police Certificate, which the applicant failed to provide before the delegate refused the visa.

The Tribunal found that the applicant had subsequently provided an AFP Digital National Police Certificate, issued on 14 June 2024, in response to a request from the Tribunal dated 14 June 2024. As the applicant had now furnished the required statement from the appropriate authority, the Tribunal concluded that regulation 2.03AA(2)(a) was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.