Tan (Migration)

The Administrative Appeals Tribunal considered the case of Tan, an applicant for a Temporary Business Entry (Class UC) visa, Subclass 457 (Temporary Work (Skilled)). The dispute centred on whether the applicant had provided sufficient evidence regarding her criminal history in all countries of residence, as required by migration regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding any criminal history. The Tribunal had to assess the adequacy of the documentation provided by the applicant, particularly in light of the Department's initial request for a "Complete Disclosure" from the Australian Federal Police (AFP) and a Malaysian police clearance, and the subsequent communication issues.

The Tribunal found that while the initial AFP clearance provided was a "Standard Disclosure" and not the "Complete Disclosure" initially requested, and that correspondence from the Department had been sent to an incorrect email address, the applicant had subsequently provided an AFP Complete Disclosure and a Malaysian Penal Clearance. Both of these documents confirmed the applicant had no criminal record in Australia and Malaysia. Consequently, the Tribunal was satisfied that the applicant had met the requirements of regulation 2.03AA(2)(a).

Based on these findings, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the applicant had met the criteria under regulation 2.03AA(2) for a Subclass 457 visa. The Minister was to then consider the remaining eligibility criteria for the visa.