Kaur (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms Kaur. The central issue before the Tribunal was whether Ms Kaur had provided a statement from an appropriate authority that evidenced her criminal history. The Tribunal had requested a National Police Certificate from the Australian Federal Police (AFP) and police certificates from any country where Ms Kaur had resided for 12 months or more since turning 16.

The Tribunal was required to determine if Ms Kaur had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which pertains to providing a statement from an appropriate authority regarding criminal history. Specifically, the Tribunal needed to assess whether the documents lodged by Ms Kaur, including a Certificate of Clearance from the Singapore Police Force and a National Police Certificate from the AFP (with an amendment to correct her date of birth), constituted statements from appropriate authorities for the purposes of the regulation.

The Tribunal reasoned that Ms Kaur had indeed provided statements from appropriate authorities. The lodgement of the Singapore Police Force Certificate of Clearance and the AFP National Police Certificate, after an amendment to correct the applicant's date of birth, satisfied the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal concluded that Ms Kaur met the criteria under regulation 2.03AA(2). The Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, directing that Ms Kaur be found to meet the criteria under regulation 2.03AA(2).