Tao (Migration)

This matter concerned applications for Contributory Parent (Migrant) (Class CA) visas, Subclass 143, made by the visa applicants. The primary decision had refused the applications on the basis that the applicants failed to provide police clearance certificates from the People's Republic of China as requested. The visa applicants subsequently provided notarial certificates from the Notary Public Office of the Chengdu region to the Tribunal, stating they had no criminal record up to 1 June 2020. The Tribunal, constituted by Christine Kannis, considered the applications on the materials before it without a hearing.

The central legal issue before the Tribunal was whether the visa applicants had satisfied the requirements of Regulation 2.03AA of the Migration Regulations 1994, specifically concerning the provision of documentation relating to their criminal history. Regulation 2.03AA requires applicants to provide requested statements from appropriate authorities regarding their criminal history, or a completed Form 80, unless a waiver is granted. The Tribunal had to determine if the notarial certificates provided by the applicants constituted compliance with this regulation, given the prior refusal for non-provision of police clearance certificates.

The Tribunal reasoned that the notarial certificates, issued by an appropriate authority in the region where the applicants resided, provided evidence about their criminal history. It was satisfied that these certificates met the requirements of Regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence that a Form 80 had been requested, meaning Regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the visa applicants had met Regulation 2.03AA.

Based on this finding, the Tribunal determined that the appropriate course of action was to remit the applications for reconsideration. The matter was remitted to the Minister with the direction that the visa applicants had met the criteria under Regulation 2.03AA(2) for a Subclass 143 visa, allowing for consideration of the remaining visa criteria.