Tauelangi (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) visa (Subclass 461). The applicant, a New Zealand citizen, sought review of a decision concerning her eligibility for the visa, which was impacted by her criminal history. The Administrative Appeals Tribunal (AAT) considered whether the applicant had provided the required evidence of her criminal history.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires a statement from an appropriate authority regarding a person's criminal history. The Tribunal had previously requested an Australian Federal Police (AFP) National Police Check from the applicant.

The Tribunal found that the applicant had provided the AFP National Police Check, dated 12 July 2021, on 3 August 2021. This document was accompanied by a submission from her representative and statutory declarations from the applicant and her family members, explaining the delay in its submission. Based on this evidence, the Tribunal concluded that the applicant had met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant had met this specific criterion for the Subclass 461 visa.