Phlablabpho (Migration)

This matter concerned an application for a Temporary Activity (Class GC) Subclass 408 (Temporary Activity) visa, specifically under the religious worker stream, by Phlablabpho. The dispute before the Administrative Appeals Tribunal (the Tribunal) related to whether the applicant had satisfied the character test requirements, particularly concerning the provision of criminal record documents from Thailand.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. This requirement was linked to Public Interest Criterion 4001 for the purposes of clause 408.216 of Schedule 2 to the Regulations.

The Tribunal considered that the applicant had initially failed to provide the requested Thai penal clearance within the specified timeframe. However, a subsequent letter from the Royal Thai Police, dated 29 January 2018 and translated, was received by the Tribunal. This letter stated that the applicant had not committed acts undermining national security and noted a previous conviction for narcotic possession, which was absolved, meaning the applicant was deemed never to have been punished for that offence. The Tribunal found no material to suggest this document was not genuine and concluded that the applicant had now provided the requested statement from an appropriate authority, thereby meeting the requirements of regulation 2.03AA(2)(a). As there was no evidence of a request for an approved Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant met regulation 2.03AA(2) in relation to Public Interest Criterion 4001.