Preskey (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804, made by the applicants. The dispute concerned whether the applicants met the criteria for the visa, specifically in relation to their criminal history and the provision of required documentation.

The primary legal issue before the Tribunal was to determine whether the applicants satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994. This regulation pertains to the assessment of applicants' criminal history and the completeness of their visa applications.

The Tribunal found that the first named applicant met the criteria under regulation 2.03AA(2). Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant be deemed to meet the specified criteria for a Subclass 804 visa.