Olivia Paparang (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by Olivia Paparang. The applicant had failed to provide a criminal history statement to the Department of Home Affairs as initially requested. The Administrative Appeals Tribunal (AAT) reviewed the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant had satisfied Regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires the provision of a statement by an appropriate authority regarding an applicant's criminal history. The Tribunal also considered whether it was necessary to hold a hearing to determine this issue.

The Tribunal found that while the applicant had initially failed to provide the requested statements to the Department, she subsequently submitted an Indonesian police certificate and an Australian National Police certificate to the Tribunal. These certificates confirmed that the applicant had no criminal history in Indonesia during her period of residence there and no disclosable court outcomes in Australia. The Tribunal concluded that these documents satisfied the requirements of Regulation 2.03AA(2)(a) and that, based on this material, a hearing was not necessary.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, directing that the applicant met the criteria under Regulation 2.03AA(2).