Sepulveda Mendoza (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, subclass 408, brought by Sepulveda Mendoza. The applicant's visa was refused by the delegate of the Department of Home Affairs on the basis that the applicant had not provided a criminal history statement from an appropriate authority as requested. The applicant sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The delegate had refused the visa after not receiving a response to a written request for such a statement by 16 May 2024.

The Tribunal considered the evidence provided by the applicant, which included an Australian Federal Police certificate dated 30 May 2024 and a Chilean Special Purpose Background Certificate dated 20 May 2024. The Tribunal was satisfied that these certificates were genuine, current, and valid for the purposes of regulation 2.03AA(2)(a). Consequently, the Tribunal concluded that the applicant had met the requirements of regulation 2.03AA(2).

The Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration, with the direction that the applicant meets the criteria under regulation 2.03AA(2) for a Subclass 408 visa.