Lin (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Lin for a Temporary Activity (Class GG) visa, Subclass 408. The central dispute concerned whether Mr. Lin had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding his criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not he had a criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations. This involved assessing whether the documentation provided by the applicant met the requirements of the regulation, particularly in light of previous requests for information by the Department and the Tribunal.

The Tribunal found that while the applicant had initially failed to provide the requested statement from the Australian Federal Police (AFP) within the specified timeframes, he subsequently provided an AFP Digital National Certificate dated 16 March 2023. This certificate indicated no disclosable court outcomes. Consequently, the Tribunal concluded that the applicant had indeed provided a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a).

Based on these findings, the Tribunal remitted the application for the Subclass 408 visa for reconsideration, directing that the applicant be considered to have met the criteria under regulation 2.03AA(2).