Kaufusi (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461, brought by an applicant seeking review of a delegate's decision to refuse the visa. The dispute centred on whether the applicant had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding their criminal history. The decision was made by Brendan Darcy, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by subregulation 2.03AA(2)(a) of the Migration Regulations. This requirement was a crucial element in assessing the applicant's eligibility for the visa.

The Tribunal reasoned that although the applicant had initially failed to provide the requested police certificate in a timely manner, leading to the delegate's refusal, a National Police Certificate (Complete Disclosure AFP Certificate) dated 17 June 2021, issued by the Australian Federal Police, was subsequently received by the Tribunal on 24 June 2021. The Tribunal found this document to be a suitable statement from an appropriate authority for the purposes of subregulation 2.03AA(2)(a). Consequently, the Tribunal concluded that the applicant met this criterion.

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).