Kursave (Migration)

The Administrative Appeals Tribunal considered an application by Kursave for a Temporary Activity (Class GG) visa, subclass 408. The central dispute concerned whether the applicant had provided sufficient evidence of their criminal history, as required by the relevant regulations.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under Regulation 2.03AA(2) by providing a statement from an appropriate authority regarding their criminal history. The Tribunal also considered whether a requirement under Regulation 2.03AA(2)(b) concerning an approved Form 80 applied, given the absence of evidence that such a request had been made by the original delegate.

The Tribunal found that the applicant had provided both an Australian Federal Police National Police Certificate and a translated German Police Clearance Certificate in response to a request from the Tribunal. It concluded that these documents satisfied the requirement for a statement from an appropriate authority concerning criminal history under Regulation 2.03AA(2). Furthermore, as there was no evidence that the delegate had requested an approved Form 80, the Tribunal determined that Regulation 2.03AA(2)(b) was not applicable in this instance.

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa, subclass 408, for reconsideration. The Tribunal directed that the applicant be found to meet the criteria under Regulation 2.03AA(2).