Walsh (Migration)

This matter concerned an application for a Temporary Activity (Class GG) visa, Subclass 408, by an applicant with a criminal history. The decision under review was made by the Administrative Appeals Tribunal, with Member Andrew McLean Williams presiding.

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 possessed a criminal history. This was in the context of the visa application requirements, specifically Regulation 2.03AA(2).

The Tribunal found that the applicant had provided a National Police Certificate from the Australian Federal Police, dated 3 November 2022. This certificate stated that there were no disclosable court outcomes in the applicant's name. Consequently, the Tribunal concluded that the applicant met the criteria stipulated in Regulation 2.03AA(2). The Tribunal remitted the application for reconsideration with the direction that the applicant satisfied this specific criterion for the Subclass 408 visa.