Oalikkal Pappu (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the applicant's character was in question due to a lack of evidence regarding their criminal history. The Administrative Appeals Tribunal, constituted by Nicole Burns, was tasked with determining whether the applicant had satisfied the character requirements for the visa.

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 the Migration Regulations. The Department had previously requested such a statement on multiple occasions without success.

The Tribunal found that the applicant had subsequently provided an Australian National Police certificate, dated 1 March 2022, which certified that no disclosable court outcomes were recorded against her name. This certificate was considered a statement from an appropriate authority in Australia, thereby satisfying regulation 2.03AA(2)(a) of the Migration Regulations. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion for the Subclass 600 visa.