Moch (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The applicant sought review of a decision to refuse her visa application. The Tribunal, constituted by Meena Sripathy, considered whether the applicant had satisfied a regulatory requirement concerning criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not she had a criminal history, as required by subregulation 2.03AA(2) of the Migration Regulations 1994. The delegate had initially refused the application because the applicant failed to provide an Australian police certificate in response to a request. The applicant subsequently provided a police certificate issued by the Australian Federal Police dated 29 March 2022.

The Tribunal found that the applicant had indeed provided a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence that the delegate had requested a completed Form 80, meaning the requirement in 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 reconsideration with a direction that the applicant meets regulation 2.03AA(2).