Tuasivi (Migration)

The Administrative Appeals Tribunal considered an application for review by a New Zealand citizen concerning the refusal of a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, Subclass 461. The primary decision to refuse the visa was based on the applicant's alleged failure to provide an Australian Federal Police certificate as requested by the Department.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal was required to determine if the Australian Federal Police certificate submitted by the applicant after the initial refusal satisfied this regulatory requirement.

The Tribunal reasoned that the applicant had indeed provided a statement from an appropriate authority, namely the Australian Federal Police certificate issued on 5 July 2022, which was submitted to the Tribunal on 6 July 2022. This satisfied regulation 2.03AA(2)(a). However, the Tribunal noted that other criteria, such as the provision of a completed Form 80 if requested by the Department, would still need to be met for the applicant to satisfy the visa requirements in their entirety. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a).