Thomson (Migration)

The Administrative Appeals Tribunal considered an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The applicant, a New Zealand citizen, sought review of a decision concerning their eligibility for the visa.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The delegate had previously requested such statements from Australia, New Zealand, and the United Kingdom.

The Tribunal found that the applicant had indeed provided the necessary documentation: a United Kingdom Police Certificate dated 13 January 2022, an Australian Federal Police National Police Certificate dated 12 November 2021, and a New Zealand Ministry of Justice Conviction Check dated 14 January 2022. All these documents confirmed the applicant had no criminal record. Consequently, the Tribunal concluded that the applicant met the requirements of regulation 2.03AA(2)(a) and clause 461.223 of Schedule 2 to the Regulations.

The Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the specified criteria for the Subclass 461 visa.