Singh (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, brought before the Tribunal by the applicant. The central dispute revolved around whether the applicant had satisfied a specific regulatory requirement concerning their criminal history.

The primary legal issue before the Tribunal was to determine whether the applicant had provided a statement from an appropriate authority evidencing whether or not they possessed a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of a completed approved Form 80.

The Tribunal found that the applicant had indeed provided Police Clearance Certificates from both the Australian Federal Police and authorities in India. Consequently, the Tribunal concluded that the applicant had satisfied the requirement under regulation 2.03AA(2)(a). Furthermore, the Tribunal noted that there was no evidence to suggest that the delegate had requested a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) was not applicable in this instance.

Based on these findings, the Tribunal determined that the applicant met the criteria under regulation 2.03AA(2). The Tribunal therefore remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with the direction that the applicant had met the specified regulatory criteria.