Kim (Migration)

The Administrative Appeals Tribunal considered an application by Chansoo Kim for a Temporary Activity (Class GG) visa, Subclass 408. The dispute arose after the applicant was repeatedly requested to provide an Australian Federal Police National Police Certificate. The delegate's decision was under review by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement to provide a statement from an appropriate authority, specifically an Australian Federal Police National Police Certificate, as per regulation 2.03AA(2)(a). This was in the context of assessing whether the applicant met Public Interest Criterion 4001 and clause 408.216 of Schedule 2 of the Migration Regulations.

The Tribunal found that the applicant had provided an Australian Federal Police Digital National Police Certificate dated 28 March 2023, which certified that there were no disclosable court outcomes recorded against him. The Tribunal was satisfied that this certificate met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal concluded that the delegate was then able to assess the remaining criteria for the visa.

The Tribunal remitted the application for the Temporary Activity (Class GG) visa for reconsideration by the Minister, with the direction that the applicant had met the criteria under regulation 2.03AA(2).