Mei (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 central dispute concerned whether the applicant had provided sufficient evidence of their criminal history status to satisfy the visa requirements.

The Tribunal was required to determine whether the applicant had furnished a statement from an appropriate authority that adequately addressed their criminal history. Specifically, the Tribunal had to assess if the documentation provided met the requirements of regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal reasoned that on 21 October 2022, the applicant submitted an Australian Federal Police Certificate dated 20 October 2022. This certificate indicated that there were no disclosable court outcomes recorded in the applicant's name. Based on this evidence, the Tribunal concluded that the applicant met the criteria stipulated in regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with a direction that the applicant satisfies regulation 2.03AA(2).