Kaur (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The applicant sought review of a decision concerning their visa application, which had been refused by the Department. The Tribunal was tasked with determining whether the applicant had satisfied certain character-related criteria for the visa.

The primary legal issues before the Tribunal were whether the applicant had provided a statement from an appropriate authority regarding their criminal history and whether they had submitted a completed Form 80 (Personal Particulars for Character Assessment). These requirements were stipulated by regulation 2.03AA(2) of the Migration Regulations. The Department had previously requested these documents, including police clearances from Australia and any country where the applicant had resided for 12 months or more in the preceding 10 years, as well as the Form 80.

The Tribunal found that the applicant had ultimately provided the necessary documentation. Specifically, the applicant submitted an Indian police clearance dated 13 May 2021 and an Australian Police Certificate dated 13 July 2023, satisfying the requirement for statements from appropriate authorities. Furthermore, the applicant provided a completed Form 80 on 14 July 2023. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

Based on these findings, the Tribunal remitted the application for a Subclass 461 visa for reconsideration. The Tribunal directed that the applicant be considered to have met the criteria specified in regulation 2.03AA(2).