Kaur (Migration)

The Administrative Appeals Tribunal considered an application by Mrs Kaur for a Visitor (Class FA) visa, Subclass 600. The central issue was whether Mrs Kaur had provided a statement from a relevant authority in India evidencing her criminal history, as required by the migration regulations.

The Tribunal was required to determine if the documentation provided by Mrs Kaur, specifically a letter from VFS Global returning her incomplete application for a police clearance certificate, and subsequent attempts to obtain the certificate, satisfied the evidentiary requirements. This involved considering the impact of the COVID-19 pandemic on the processing of police clearances by the Indian Consulate and VFS Global in Melbourne, and the procedures for obtaining such a certificate from India.

The Tribunal reasoned that while Mrs Kaur had encountered significant difficulties in obtaining the required police clearance due to the closure of processing agencies and issues with online applications, these difficulties did not absolve her of the obligation to provide the necessary evidence. However, acknowledging the procedural hurdles and the efforts made by Mrs Kaur and her daughter-in-law, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that Mrs Kaur met the criteria under regulation 2.03AA for the Subclass 600 visa.