Rajni Devi (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, made by Ms Rajni Devi. The dispute before the Tribunal was whether Ms Devi had provided sufficient evidence of her criminal history from relevant authorities in India and Australia. The decision was made by Mireya Hyland, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether Ms Devi had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994, specifically concerning the provision of statements from relevant authorities regarding any criminal history, and whether a request for a completed Form 80 had been made by the Department. The Tribunal was required to assess the evidence provided by Ms Devi in light of these regulatory criteria.

The Tribunal reasoned that Ms Devi had met the requirements of regulation 2.03AA(2)(a) by providing a police clearance certificate from the Consulate General of India in Melbourne and a National Police Certificate from the Australian Federal Police. As there was no evidence of her residing in any other country, this criterion was satisfied. Furthermore, the Tribunal found that regulation 2.03AA(2)(b) did not apply because there was no evidence that the Department had requested Ms Devi to provide a completed approved Form 80. Consequently, the Tribunal concluded that Ms Devi met regulation 2.03AA. The Tribunal remitted the application for reconsideration with a direction that Ms Devi met the criteria under regulation 2.03AA for a Subclass 600 visa.