Uzula (Migration)

The applicant sought review of a decision concerning their application for a Temporary Activity (Class GG) visa, subclass 408. The central dispute revolved around whether the applicant satisfied the criteria relating to their criminal history, specifically Public Interest Criterion 4001, as evidenced by an Australian Federal Police National Police Certificate.

The Tribunal was required to determine whether the applicant met the requirements of clause 408.317 of Schedule 2 to the *Migration Regulations 1994* (Cth), which incorporates Public Interest Criterion 4001. This criterion concerns the applicant's criminal record and the need to provide a statement from an appropriate authority if certain conditions are met.

The Tribunal found that the applicant had provided a statement from an appropriate authority, thereby satisfying subregulation 2.03AA(2) of the *Migration Regulations 1994* (Cth). Consequently, the Tribunal concluded that the applicant met Public Interest Criterion 4001. The Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the criteria for a Subclass 408 visa, specifically clause 408.317.