Polart (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal concerning a Temporary Activity (Class GG) visa, Subclass 408. The applicant sought to have the Tribunal's decision set aside.

The primary legal issue before the court was whether the applicant met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of a criminal history statement from their home country. The applicant had provided a genuine and current statement to the Tribunal, but not to the Department.

The court reasoned that the applicant had satisfied regulation 2.03AA(2)(a) by providing a current National Police Check from the Australian Federal Police, and regulation 2.03AA(2)(b) by submitting a completed Form 80. Therefore, the court found that the applicant met the criterion for the Subclass 408 visa.

The Tribunal's decision was remitted for reconsideration, with a direction that the applicant meets regulation 2.03AA(2).