WU (Migration)

The Administrative Appeals Tribunal considered an application for an Aged Parent (Residence) (Class BP) visa, subclass 804. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria prescribed by regulation 2.03AA(2) of the Migration Regulations 1994. This regulation pertains to the provision of Australian Federal Police (AFP) certificates.

The Tribunal found that the applicant had provided AFP certificates indicating no disclosable outcomes. Based on this finding, the Tribunal determined that the applicant satisfied the requirements of regulation 2.03AA(2). Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant meets the specified criteria for a Subclass 804 visa.