Ucarer (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, before the Administrative Appeals Tribunal. The applicant sought review of a decision relating to their visa application.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of a completed approved Form 80.

The Tribunal found that the applicant had satisfied the requirement of regulation 2.03AA(2)(a) by providing Police Clearance Certificates from the Australian Federal Police and the Republic of Turkiye. Furthermore, the Tribunal determined that there was no evidence that the original delegate had requested a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) did not apply in this instance. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with a direction that the applicant meets the criteria specified in regulation 2.03AA(2).