Wang (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant whose criminal history was in question. The Department had repeatedly requested a statement from an appropriate authority regarding the applicant's criminal history, but these requests were not met in a timely manner.

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 the relevant regulations. The applicant's son submitted a statement explaining the delay, attributing it to a misunderstanding of the overseas police check requirement and personal difficulties.

The Tribunal found that the applicant had subsequently provided a notarised Chinese certificate stating "No criminal record" and a National Police Certificate from the Australian Federal Police. The Tribunal was satisfied that these documents constituted statements from appropriate authorities as requested. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

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