Soe (Migration)

This matter concerned an application for a Student (Temporary) (Class TU) visa, Subclass 500, before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to evidence of criminal history.

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 applicant had declared on their visa application that they had not spent more than 12 months in any single country in the 10 years prior to their application.

The Tribunal found that the applicant had provided a genuine and current Australian Federal Police National Police Check certificate dated 6 June 2023. The Tribunal was satisfied that this certificate constituted a statement from an appropriate authority and that the applicant therefore met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.