McLoughlin (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant whose criminal history was in question. The primary dispute concerned whether the applicant had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they possessed a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal also considered whether a request for a completed Form 80 had been made, which would engage regulation 2.03AA(2)(b).

The Tribunal reasoned that the applicant had provided Police Clearance Certificates from both the Australian Federal Police and the United Kingdom, which constituted statements from appropriate authorities satisfying regulation 2.03AA(2)(a). Furthermore, the Tribunal found no evidence that the delegate had requested a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, directing that the applicant had met the criteria specified in regulation 2.03AA(2).