Tran (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, where the applicant's criminal history was in question. The applicant had initially been refused the visa by the delegate for failing to provide a statement from an appropriate authority regarding their criminal history. The Administrative Appeals Tribunal was tasked with determining whether the applicant had subsequently provided the necessary documentation to satisfy this requirement.

The primary legal issue before the Tribunal was whether the applicant had furnished a statement from an appropriate authority that evidenced their criminal history status, as required by the relevant regulations. Specifically, the Tribunal had to assess if the documents provided by the applicant, namely an Australian Federal Police National Police Certificate and a Criminal Record Certificate from the Ho Chi Minh Justice Department, met the criteria stipulated by regulation 2.03AA(2).

The Tribunal found that the applicant had indeed provided the requested certificates. An Australian Federal Police National Police Certificate dated 22 March 2024 and a Criminal Record Certificate from the Ho Chi Minh Justice Department dated 3 April 2024 were submitted to the Tribunal. Based on these submissions, the Tribunal concluded that the applicant satisfied regulation 2.03AA(2). Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the specified criteria for the Subclass 408 visa.