Molloy (Migration)

The Administrative Appeals Tribunal considered an application for a Working Holiday (Temporary) (Class TZ) visa, Subclass 417, made by an applicant born in the United Kingdom. The visa was refused by a delegate on the grounds that the applicant failed to meet Public Interest Criterion 4001, specifically subregulation 2.03AA(2) of the Migration Regulations 1994. This failure was attributed to the applicant not providing an Australian Federal Police (AFP) clearance certificate and police certificates from every country in which they had resided for more than 12 months in the preceding 10 years, as requested by the delegate.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of subregulation 2.03AA(2) of the Migration Regulations 1994, which mandates the provision of specified documents for character and security assessments when requested. This subregulation requires the applicant to provide a statement from an appropriate authority in any country of residence regarding their criminal history, and a completed approved form 80. The Tribunal also had to consider the provisions of Public Interest Criterion 4001, which outlines the conditions under which a person is considered to pass the character test.

The Tribunal reasoned that the applicant had provided a UK police certificate, confirmed as genuine by the Department, which indicated no convictions, cautions, final warnings, or reprimands. Additionally, an AFP National Police certificate showed no disclosable court outcomes. The Tribunal concluded that, based on the evidence presented, the applicant had met the criteria under subregulation 2.03AA(2). Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria specified in subregulation 2.03AA(2) for the Subclass 417 visa.