Read (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity visa (Subclass 408). The applicant sought review of a decision to refuse the visa, which had been made after the applicant failed to provide a National Police Certificate within the requested timeframe. The applicant subsequently provided the Tribunal with an Australian Federal Police National Police Certificate.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994 (Cth), specifically concerning the provision of a statement by an appropriate authority regarding their criminal history. The Tribunal also considered whether a request for an approved Form 8 had been made by the original delegate.

The Tribunal reasoned that the applicant had, by providing the National Police Certificate to the Tribunal, met the requirement under regulation 2.03AA(2)(a). It noted that the delegate's refusal had occurred before this certificate was provided. The Tribunal found no evidence that the delegate had requested an approved Form 8, meaning regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the requirements of regulation 2.03AA(2).

The Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration, directing that the applicant be taken to have met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994 (Cth). The Tribunal also noted that a contemporary certificate might be required upon reconsideration, at the discretion of the Department.