Liu (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant with a criminal history. The central dispute concerned whether the applicant had provided a statement from an appropriate authority that adequately addressed their criminal history, as required by migration regulations.

The Tribunal was required to determine whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding a person's criminal history. This involved assessing the adequacy of the documents submitted by the applicant, including a National Police Certificate from the Australian Federal Police (AFP) and a Chinese Notarial Certificate.

The Tribunal reasoned that the applicant had indeed provided statements from appropriate authorities. Initially, the applicant submitted an AFP National Police Certificate and a Chinese Notarial Certificate. Following a request for an updated AFP certificate, the applicant provided a more recent one. The Tribunal concluded that these documents satisfied the requirement for a statement from an appropriate authority, thereby meeting the criteria under regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with a direction that the applicant had met the specified criteria.