RODRIGUES LIMA (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity visa (Subclass 408) made by the applicant, Rodrigues Lima. The dispute concerned whether the applicant had met the requirements for the visa, specifically in relation to providing a police clearance certificate.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of statements from appropriate authorities regarding overseas police clearances. The Tribunal also considered whether a request for a completed Form 80 had been made by the Department.

The Tribunal found that while the Department had initially requested overseas police clearance certificates, the applicant had subsequently provided a Brazilian police clearance certificate. This certificate indicated no disclosable court outcomes against the applicant's name, thereby satisfying the requirement under regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence of a request for a completed Form 80, meaning regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 408 visa.