Mc Mahon (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, subclass 461. The applicant sought review by the Tribunal of a delegate's decision to refuse the visa. The primary dispute revolved around whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by the regulations.

The legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which pertains to the provision of a statement from an appropriate authority regarding a person's criminal history. This requirement arose after the initial visa application was assessed and the delegate requested further information, specifically an Australian police certificate.

The Tribunal found that while the applicant initially failed to provide the requested police certificate, leading to the delegate's refusal, the applicant subsequently provided a National Police Certificate issued by the Australian Federal Police dated 29 October 2021. The Tribunal was satisfied that this certificate met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2).