Mabuyo (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 407 (Training) visa. The central dispute concerned whether the applicant had provided sufficient evidence of their criminal history, as required by migration regulations. The applicant had submitted an Australian Federal Police National Police Certificate dated 5 October 2022, which indicated no disclosable court outcomes in their name.

The Tribunal was required to determine if the applicant had satisfied the evidentiary requirements concerning their criminal history, specifically whether the provided Australian Federal Police certificate constituted a statement by an appropriate authority that addressed whether or not the person had a criminal history. This was a crucial step in assessing the applicant's eligibility for the Training visa.

The Tribunal reasoned that the Australian Federal Police certificate, provided on 15 November 2022, met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994. This regulation pertains to the provision of evidence regarding an applicant's criminal history. Consequently, the Tribunal concluded that the applicant met this specific criterion for the Subclass 407 visa. The Tribunal remitted the application for reconsideration with the direction that the applicant satisfies regulation 2.03AA(2).