The applicant indicated on his visa application he had lived in for a cumulative period of 12 months or more, over the last 10 years, since turning 16 years in Thailand and Sao Paolo, Brazil. On 11 December 2024 the Department requested the applicant provide police certificates from Brazil as evidence of satisfying the character requirements. The applicant failed to provide the certificates.
On 2 June 2025 the applicant gave the Tribunal a copy the Atestado de Antecedentes Criminais, issued by the Division of Public Safety IIRGD - Institute of Identification Ricardo Gumbleton Daunt, Government of Sao Paulo dated 26 May 2025 and a copy of the Certidão de Antecedentes Criminais issued by the Federal Police, Brazilian Ministry of Justice and Public Safety on 26 May 2025. There is no information before the Tribunal that suggests the certificates are not genuine and valid for the purposes of r 2.03AA(2)(a).
The applicant has provided a statement from an appropriate authority and therefore meets reg 2.03AA(2)(a).
[2]
On the basis of the above findings, the applicant meets reg 2.03AA(2).
[3]
The Tribunal sets aside the decision under review and remits the application for a Temporary Activity (Class GG) visa for reconsideration, in accordance with an order that the applicant meets the following criteria for a Subclass 408 visa:
Regulation 2.03AA(2).
[4]
Representative for the Applicant: Ms Kaila Cruz (MARN: 1796814)
Cases Cited (1)
Vieira Cajaiba (Migration) [2026] ARTA 593 (19 March 2026)