Unadkat (Migration)

The Administrative Appeals Tribunal considered the applications for Contributory Aged Parent (Temporary) (Class UU) visas made by the applicants. The central dispute concerned whether the applicants had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicants had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as stipulated by regulation 2.03AA(2)(a). The Tribunal had previously requested current United Kingdom Police Certificates for the secondary applicant and Australian Federal Police Certificates for both applicants.

The Tribunal found that the applicants had indeed provided the necessary documentation, including National Police Certificates from the Australian Federal Police for both parties, a United Kingdom Police Certificate for the secondary applicant, and a United Kingdom Police Certificate for the primary applicant. Based on this evidence, the Tribunal concluded that the applicants met the requirements of regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the applications for reconsideration. The Tribunal directed that the first named applicant be considered to meet the criteria for a Subclass 884 visa, specifically regulation 2.03AA(2) for the purposes of Public Interest Criteria 4001 and clauses 884.224 and 884.226 of Schedule 2 to the Regulations.