Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by Mr. Singh and another applicant. The dispute arose when the visa was refused by the Department of Home Affairs due to a failure to provide requested criminal history statements. The applicants subsequently provided these statements to the Tribunal, which indicated no disclosable criminal outcomes.

The primary legal issue before the Tribunal was whether the applicants had satisfied the requirements of Regulation 2.03AA(2) of the Migration Regulations 1994, specifically concerning the provision of criminal history statements from relevant authorities and the completion of Form 80. The Tribunal also had to determine if the delegate's decision to refuse the visa was made without considering all necessary evidence.

The Tribunal reasoned that Regulation 2.03AA(2)(a) requires an applicant to provide a statement from a relevant authority regarding their criminal history if requested, a requirement that can be waived if unreasonable. Regulation 2.03AA(2)(b) mandates the provision of a completed Form 80, which cannot be waived. In this instance, the applicants had provided Australian Federal Police National Police Certificates and Government of Nepal Police Clearance Certificates, both of which confirmed no disclosable outcomes. As there was no evidence that a Form 80 had been requested by the delegate, the Tribunal found that the applicants had met the criteria under Regulation 2.03AA(2). Consequently, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the applicants had met the criteria under Regulation 2.03AA(2).