Paglilo (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by the applicant. The dispute centred on whether the applicant had satisfied the requirement to provide a criminal history statement from a relevant authority in their country of residence.

The Tribunal was required to determine if the applicant had met the criteria under Regulation 2.03AA(2)(a) of the Migration Regulations. This regulation mandates the provision of a statement from a relevant authority regarding an applicant's criminal history, if requested. The Tribunal also needed to decide whether the decision to refuse the visa had been made without considering all necessary evidence.

The Tribunal reasoned that while the Department had initially requested a certificate from the National Bureau of Investigation (NBI) and this had not been provided within the requested timeframe, the applicant subsequently submitted a statement from the NBI dated 29 March 2024. This statement indicated no disclosable criminal history outcomes. The Tribunal found that this satisfied Regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the applicant had met the criteria under Regulation 2.03AA(2)(a) for the Temporary Activity (Class GG) visa.