Sun (Migration)

The applicant, a New Zealand citizen, sought review of a decision concerning their application for a Subclass 461 visa. The applicant had provided police clearance certificates from both Australia and China. The Administrative Appeals Tribunal (AAT) was tasked with determining whether the applicant met the relevant criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994. This regulation pertains to the character requirements for certain visa applicants, including those seeking a Subclass 461 visa.

The Tribunal found that the applicant met the criteria stipulated in regulation 2.03AA(2). Consequently, the Tribunal remitted the application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa for reconsideration. The direction was that the applicant satisfied the specified criteria for the Subclass 461 visa.