Tokon (Migration)

The applicant sought review of a decision concerning their application for a Temporary Activity (Class GG) visa, Subclass 408. The primary dispute revolved around the applicant's criminal history and its impact on their eligibility for the visa. The decision was made by Karen McNamara, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 408 visa, specifically in light of their recorded criminal history in Australia. This required the Tribunal to consider the application of Regulation 2.03AA(2) of the Migration Regulations.

The Tribunal found that while the applicant did have a recorded criminal history, they had provided a statement from an appropriate authority. This statement satisfied the requirements of Regulation 2.03AA(2), thereby enabling the applicant to meet the relevant visa criteria. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the criteria under Regulation 2.03AA(2) for the Subclass 408 visa.