Kirk (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant's criminal history was in question. The Administrative Appeals Tribunal, constituted by Nicole Burns, was tasked with reviewing the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that adequately addressed whether or not she had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The delegate had previously requested such a statement, which the applicant had failed to provide by the time of the delegate's decision.

The Tribunal found that the applicant had, on review, provided a UK police certificate dated 23 December 2020. This certificate, accompanied by a letter from the Head of the ACRO Criminal Records Office, UK, stated "NO TRACE," which was explained to mean the applicant had no convictions, cautions, final warnings, or reprimands recorded on UK police databases. The Tribunal concluded that this constituted a statement from an appropriate authority satisfying regulation 2.03AA(2)(a), and therefore the applicant met the criteria under regulation 2.03AA(2).

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, directing that the applicant met the criteria specified in regulation 2.03AA(2).