Schwalme (Migration)

This matter concerned an application for review by Simon Schwalme of a decision made by a delegate regarding his application for a Temporary Activity visa (Subclass 408). The review was heard by Penelope Hunter, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994, which requires the provision of a statement from an appropriate authority, such as an Australian Federal Police National Police Certificate. The delegate had initially requested this certificate, and the applicant claimed not to have received the request.

The Tribunal found that the applicant had subsequently provided an Australian Federal Police Digital National Police Certificate dated 17 March 2023, which confirmed there were no disclosable court outcomes recorded against him. This satisfied regulation 2.03AA(2). Consequently, the Tribunal determined that the delegate was then able to assess the remaining criteria for the Subclass 408 visa, specifically Public Interest Criterion 4001 and clause 4001.216 of Schedule 2.

The Tribunal remitted the application for the Temporary Activity (Class GG) visa for reconsideration by the Minister, with the direction that the applicant had met the criteria under regulation 2.03AA(2).