NGUYEN (Migration)

This matter concerned an application for a Contributory Parent (Temporary) (Class UT) visa, Subclass 173, made by an applicant who had been refused the visa by a delegate of the Minister. The delegate's refusal was based on the applicant's failure to meet regulation 2.03AA of the Migration Regulations 1994, which requires evidence of criminal history. The Administrative Appeals Tribunal was asked to review this decision.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority confirming whether or not she had a criminal history. The Tribunal had requested a current Vietnam police certificate and a current Australian Federal Police certificate. The applicant subsequently provided both documents, which indicated no disclosable court outcomes or criminal history recorded against her in either Australia or Vietnam.

The Tribunal found that, in light of the new evidence provided by the applicant, the criterion under regulation 2.03AA(2) was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfied this specific criterion for the Subclass 173 visa.