KHOSLA (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The applicant had initially failed to provide police certificates from Australia and India, where they had resided for periods exceeding 12 months within the last ten years. Following a request for further information which was not responded to, the visa application was refused by the delegate. The applicant subsequently sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. This requirement arose because the applicant had lived in Australia and India for significant periods.

The Tribunal found that the applicant had ultimately provided the necessary police certificates from both the Australian Federal Police and India's Ministry of External Affairs after the initial refusal. Satisfied that these documents met the requirements of the regulation, the Tribunal concluded that the applicant had satisfied the criteria under regulation 2.03AA(2). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.