Tuku (Migration)

This matter concerned an application for review of a decision to refuse a Temporary Activity visa (Subclass 408). The applicant had provided an Australian Federal Police National Police Clearance and a police clearance from Italy. The initial decision had been made on the basis that the applicant had failed to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, both overseas and in Australia, as required by regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal found that the applicant had subsequently provided a translated Certificate of Pending Charges from the Public Prosecutor’s Office in Cremona, Italy, dated 24 May 2022, and a National Police Certificate from the Australian Federal Police dated 10 February 2023. The Tribunal concluded that these documents constituted statements from appropriate authorities in both Italy and Australia, thereby satisfying the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2).