Shields (Migration)

The Administrative Appeals Tribunal considered an application by a New Zealand citizen for a Subclass 461 New Zealand Citizen Family Relationship (Temporary) visa. The applicant's eligibility for the visa was in question due to their criminal history, specifically concerning the requirement to provide an Australian National Police Certificate.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement to provide an Australian National Police Certificate, as stipulated by clause 461.223(2)(a) of Schedule 2 to the *Migration Regulations 1994* (Cth). This involved assessing the adequacy of the evidence presented by the applicant regarding their criminal history.

The Tribunal, having reviewed new evidence submitted by the applicant and the existing documentation within the Department of Home Affairs file, was satisfied that the requirement for an Australian National Police Certificate had been met. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant be found to meet the specified criteria for the Subclass 461 visa.