Paul (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity visa (Subclass 408) made by an applicant who had provided an Australian Federal Police National Police Clearance and a Police Clearance Certificate from Sri Lanka. The dispute centred on whether the applicant had satisfied the requirements concerning evidence of criminal history.

The primary legal issue before the Tribunal was to determine whether the applicant had provided sufficient statements from the appropriate authorities to demonstrate whether or not she had a criminal history, as required by regulation 2.03AA(2) of the Migration Regulations 1994. The Tribunal also considered whether a request for a completed Form 80 had been made by the original decision-maker.

The Tribunal found that the applicant had provided the necessary documentation, namely a Police Clearance Certificate from Sri Lanka dated 12 November 2019, confirming no adverse attention from Sri Lankan Police since 1989, and an Australian Federal Police National Police Certificate dated 7 April 2020, certifying no disclosable outcomes. As these documents satisfied regulation 2.03AA(2)(a) and there was no evidence of a request for Form 80, the Tribunal concluded that the applicant met the relevant criteria.

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