Parrett (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, before the Administrative Appeals Tribunal. The applicant sought review of a decision relating to their visa application.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of a completed Form 80.

The Tribunal found that the applicant had provided the requested Australian Federal Police National Police Clearance Certificate and a UK Penal Clearance Certificate. It concluded that these documents satisfied the requirement under regulation 2.03AA(2)(a). Furthermore, as there was no evidence that the delegate had requested a Form 80, the Tribunal determined that regulation 2.03AA(2)(b) did not apply.

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2).