Nelson (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Nelson (Migration) for a Temporary Activity (Class GG) visa, subclass 408. The dispute concerned whether the applicant had provided sufficient evidence of their criminal history, as required by the relevant visa regulations.

The primary 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 applicant had provided a UK police clearance certificate and an Australian Federal Police (AFP) check that met the regulatory requirements.

The Tribunal found that while the initial delegate had determined the applicant had not provided a UK police clearance, the applicant had since provided a UK police clearance issued on 3 May 2022 and an AFP police check dated 30 March 2022. Both documents stated there were no disclosable outcomes against the applicant's name. The Tribunal was satisfied that these certificates from the relevant authorities met the requirements of regulation 2.03AA(2) for the purposes of Public Interest Criterion 4001 and clause 485.216(1). As there was no evidence that a request for an approved Form 80 had been made, that specific regulatory requirement was not applicable.

Consequently, the Tribunal remitted the application for a subclass 408 visa for reconsideration of the remaining criteria, with the direction that the applicant met regulation 2.03AA(2) in relation to Public Interest Criterion 4001 for the purposes of clause 408.216(1).