Van Der Graaf (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, Subclass 804, made by the first-named applicant and a secondary applicant. The dispute centred on whether the first-named applicant had provided a completed Form 80 and a statement from an appropriate authority detailing their criminal history, as required by the regulations.

The Tribunal was required to determine if the applicants had satisfied the criteria under regulation 2.03AA(2) of the Migration Regulations. This involved assessing whether the necessary documentation, specifically police certificates and a completed Form 80, had been provided to demonstrate the absence of a criminal history.

The Tribunal found that while initial requests for documentation had been made, the applicants, through their registered migration agent, subsequently provided Australian Federal Police Certificates, Dutch Police Certificates for both applicants, a completed Form 80 for the first-named applicant, and the parties' marriage certificate. Based on this evidence, the Tribunal concluded that the applicants now met the requirements of regulation 2.03AA(2). Consequently, the Tribunal remitted the applications for reconsideration with a direction that the first-named applicant met this specific criterion.