McCormack (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by McCormack concerning a Working Holiday (Temporary) (Class TZ) visa, Subclass 417. The dispute arose from the applicant's failure to initially provide requested police clearances, leading to a delegate's decision that she did not satisfy Regulation 2.03AA of the Migration Regulations 1994. The applicant subsequently provided an Australian Federal Police (AFP) check and an Irish Police Certificate to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by Regulation 2.03AA(2)(a). The Tribunal also considered whether a requirement under Regulation 2.03AA(2)(b) applied, which related to the provision of a completed approved Form 80.

The Tribunal reasoned that the AFP check, dated 9 June 2021, confirmed no disclosable court outcomes against the applicant, and the Irish Police Certificate, dated 17 June 2021, stated she had not been convicted of any crime while residing in Ireland. Consequently, the Tribunal found that the applicant had provided the requested statements from appropriate authorities, thereby satisfying Regulation 2.03AA(2)(a). Furthermore, the Tribunal noted there was no evidence that the delegate had requested a Form 80, meaning Regulation 2.03AA(2)(b) was not applicable.

Based on these findings, the Tribunal concluded that the applicant met Regulation 2.03AA(2). The Tribunal remitted the application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, for reconsideration, directing that the applicant met the criteria under Regulation 2.03AA(2).