Vu (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant's character was in question due to a criminal history. The decision was made by Melissa McAdam, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced 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 request for a completed approved Form 80 had been made, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the applicant had provided an Australian Federal Police (AFP) National Police Certificate on 16 February 2022, which was submitted after the Department Delegate had requested it on 30 December 2021. This satisfied the requirement under regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a Form 80, regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal determined that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Visitor (Class FA) visa, Subclass 600, for reconsideration, with the direction that the applicant met the criteria specified in regulation 2.03AA(2).