Wavell (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant who was required to satisfy the character test. The dispute centred on whether the applicant had provided a statement from an appropriate authority as required by regulation 2.03AA of the Migration Regulations 1994.

The primary legal issue before the Tribunal was to determine if the applicant had met the requirements of regulation 2.03AA(2)(a) by providing a statement from an appropriate authority, specifically the Australian Federal Police (AFP), in relation to their character. The Tribunal also had to consider whether the applicant had subsequently satisfied this criterion, given the information provided during the review process.

The Tribunal reasoned that while the delegate had initially requested a Form 80 and a Complete Disclosure certificate from the AFP, the applicant had subsequently provided a National Police Certificate - Complete Disclosure dated 21 April 2023, which indicated no disclosable court outcomes. Furthermore, the applicant submitted a Form 80 on 4 May 2023. The Tribunal concluded that, having now provided the requested statement from the appropriate authority and the Form 80, the applicant met the requirements of regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the application for a Temporary Activity (Class GG) visa, Subclass 408, for reconsideration, with the direction that the applicant meets the criteria under regulation 2.03AA(2).