Santiago (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant with a criminal history. The central dispute concerned whether the applicant had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history. This involved assessing whether a document provided by the applicant met the criteria stipulated by regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal found that the applicant had been requested to provide such a statement on multiple occasions. Crucially, on 1 June 2022, the applicant submitted a Digital Police Certificate issued by the Australian Federal Police, dated the same day. This certificate stated that the applicant had no disclosable court outcomes recorded as at its date. The Tribunal concluded that this certificate constituted a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2).