Patel (Migration)

This matter concerned an application for review by the applicant, Mr Patel, of a decision by the Department to refuse his application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, subclass 461. The review was heard by the Tribunal, presided over by Member Justine Clarke.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not he had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The primary decision had been made on the basis that the applicant had not provided the necessary Australian police certificates by the date of the delegate's decision.

The Tribunal reasoned that while the applicant had not provided the required documentation at the time of the Department's refusal, he had subsequently submitted an Australian Federal Police National Police Clearance dated 23 August 2023, prior to the Tribunal's review. The Tribunal found that this document constituted a statement from an appropriate authority satisfying regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the applications for the subclass 461 visa for reconsideration, directing that the applicant met this specific criterion. The Tribunal also noted that further documentation, such as a completed Form 80, might be required for the Department to be satisfied of the applicant meeting all visa criteria.