Walker (Migration)

This matter concerned an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa, subclass 461. The applicant's eligibility was in question due to their criminal history. The decision was made by Moira Brophy, 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 their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal considered a request made by the department for an Australian Federal Police Certificate and the applicant's subsequent provision of this document.

The Tribunal found that the applicant had indeed provided the requested Australian Federal Police Certificate on 6 July 2023, after an initial request on 29 April 2023. Consequently, the Tribunal was satisfied that the applicant met the criteria under regulation 2.03AA(2)(a).

Based on this finding, the Tribunal remitted the application for a Subclass 461 visa for reconsideration, directing that the applicant be considered to have met the criteria under regulation 2.03AA(2).