SUITULAGA (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant's criminal history was in question. The decision was made by the Administrative Appeals Tribunal.

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. The Tribunal noted that the applicant had been repeatedly requested by the department to provide such a statement prior to the delegate's decision.

The Tribunal reasoned that the applicant had subsequently provided a statement dated 1 December 2021 from the Ministry of Police, Samoa Police Headquarters, which confirmed the applicant had no recorded criminal convictions as at that date. The Tribunal found this statement to be from an appropriate authority and therefore concluded that the applicant 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 for the Subclass 600 visa.