Perez (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had satisfied the character test requirements, specifically concerning the provision of evidence of criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority regarding her criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement to provide an approved Form 80 applied, as per regulation 2.03AA(2)(b).

The Tribunal found that the applicant had ultimately provided an Australian Federal Police (AFP) National Police Certificate, which constituted a statement from an appropriate authority satisfying regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested an approved Form 80, the requirement under regulation 2.03AA(2)(b) was deemed not applicable. Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2).

The Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with the direction that the applicant met the criteria under regulation 2.03AA(2).