Nkeokelonye (Migration)

The Administrative Appeals Tribunal considered an application for a Student (Temporary) (Class TU) visa, Subclass 500, made by the applicant, Nkeokelonye. The dispute arose from the delegate's refusal of the visa application, which the applicant sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by subregulation 2.03AA(2)(a) of the Migration Regulations. The delegate had initially requested a police certificate from the Australian Federal Police (AFP), and upon the applicant's insufficient response, refused the visa.

The Tribunal reasoned that although the applicant did not initially provide the requested information in a timely manner, a National Police Certificate (Complete Disclosure AFP Certificate) dated 19 October 2023, issued by the AFP, was subsequently received by the Tribunal on 25 October 2023. The Tribunal found this document to be a suitable statement from an appropriate authority for the purposes of subregulation 2.03AA(2)(a). Consequently, the Tribunal concluded that the applicant met this criterion.

The Tribunal remitted the application for reconsideration with the direction that the applicant meets the criteria under regulation 2.03AA(2).