Kaliappan (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant with a criminal history. The central dispute concerned whether the applicant had satisfied a specific regulatory requirement regarding the provision of criminal history statements.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as mandated by regulation 2.03AA(2)(a) of the Migration Regulations 1994. 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 Overseas Police Clearance Certificate from Fiji and a certificate from the Australian Federal Police in response to requests from the Tribunal. Consequently, the Tribunal concluded that the applicant had met the requirement under regulation 2.03AA(2)(a). As no request for Form 80 had been made, regulation 2.03AA(2)(b) was not applicable.

Based on these findings, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2).