Morrison (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant who had failed to provide an Australian Federal Police (AFP) Complete Disclosure certificate by the deadline set by the delegate. The delegate had refused the application on this basis.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirement to provide a statement from an appropriate authority regarding their criminal history. Specifically, the Tribunal had to determine if the AFP Complete Disclosure certificate, provided after the delegate's decision, constituted compliance with the relevant regulations.

The Tribunal reasoned that while the certificate was not provided within the initial timeframe, it was subsequently submitted to the Tribunal and confirmed that the applicant had no disclosable court outcomes. The Tribunal concluded that this later submission satisfied the requirement under regulation 2.03AA(2)(a) for a statement from an appropriate authority concerning criminal history. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a).