Wang (Migration)

The Administrative Appeals Tribunal considered a Student (Temporary) (Class TU) visa application made by the applicant. The central dispute concerned whether the applicant had provided statements from appropriate authorities demonstrating their criminal history status, as required for the visa.

The Tribunal was required to determine whether the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, which pertains to providing evidence of a criminal history. The Tribunal clarified that the issue was not whether the applicant possessed a criminal history or whether they would pass the character test under section 501 of the Migration Act 1958, but rather whether the correct documentation had been provided.

The Tribunal reasoned that the applicant had, by 13 December 2023, submitted a Chinese Criminal Record check indicating no criminal record in China, and an Australian National Police Certificate showing criminal convictions in Australia. Based on this evidence, the Tribunal concluded that the applicant met the criteria stipulated in regulation 2.03AA(2). Consequently, the Tribunal remitted the application for a Subclass 500 visa for reconsideration, with a direction that the applicant satisfies this specific regulatory requirement.