Rozali (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by Mr Rozali. The central dispute concerned whether the applicant had satisfied a specific regulatory requirement regarding the provision of criminal history statements.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of a completed Form 80.

The Tribunal reasoned that the applicant had, by the time of the decision, provided both a Malaysian Police check and an Australian National Police Certificate. It found that these documents constituted statements from appropriate authorities, thereby satisfying the requirement of regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence that the delegate had requested a Form 80, meaning the requirement in regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, directing that the applicant be found to meet the criteria specified in regulation 2.03AA(2).