Stear (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The applicant sought review of a decision to refuse her visa application. The Tribunal was constituted by Meena Sripathy.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not she had a criminal history, as required by subregulation 2.03AA(2) of the Migration Regulations 1994. The Tribunal also considered whether a requirement to provide a completed Form 80 applied.

The Tribunal found that the applicant had provided a police certificate issued by the Australian Federal Police dated 18 March 2022, which satisfied the requirement under reg 2.03AA(2)(a). The Tribunal noted that a completed Form 80 was included with the original application, and there was no evidence that the delegate had requested a further Form 80, meaning the requirement under reg 2.03AA(2)(b) did not apply. Consequently, the Tribunal concluded that the applicant met the criteria under reg 2.03AA(2).

The Tribunal remitted the application for reconsideration with the direction that the applicant meets the criteria specified in regulation 2.03AA(2).