Mungar (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of a completed approved Form 80.

The Tribunal reasoned that the applicant had satisfied regulation 2.03AA(2)(a) by providing Police Clearance Certificates from both the Australian Federal Police and the Republic of Mauritius. The Tribunal found no evidence that the original delegate had requested the applicant to provide a completed Form 80, and therefore concluded that the requirement under regulation 2.03AA(2)(b) was not applicable in this instance.

Consequently, the Tribunal determined 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, with the direction that the applicant met the specified criteria.