YAP (Migration)

The Administrative Appeals Tribunal considered an application for a Training (Class GF) visa made by the applicant, YAP. The central dispute concerned whether the applicant had provided sufficient evidence of his criminal history, specifically a statement from an appropriate authority in the Philippines as required by regulation 2.03AA(2) of the Migration Regulations 1994.

The Tribunal was required to determine whether the applicant had satisfied the requirements of regulation 2.03AA(2)(a) by providing a statement from an appropriate authority regarding his criminal history. The Department had initially requested an Australian Federal Police (AFP) National Complete Disclosure Certificate and a certificate from a relevant Philippine authority. While the applicant provided updated AFP certificates indicating no disclosable court outcomes, the initial lack of a Philippine certificate led the delegate to be unsatisfied.

The Tribunal reasoned that the applicant had subsequently provided a certificate from the Department of Justice National Bureau of Investigation from the Philippines, which was valid and stated there were no derogatory remarks recorded against him. Considering this evidence alongside the AFP certificates, the Tribunal concluded that the applicant had indeed provided a statement from an appropriate authority, thereby meeting the criteria of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for a Subclass 407 visa for reconsideration, with a direction that the applicant satisfies regulation 2.03AA(2)(a).