Adulla (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by an applicant with a criminal history. The primary dispute concerned whether the applicant had satisfied a specific regulatory requirement regarding the provision of a statement from an appropriate authority about their criminal history.

The legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a). The Department had previously requested an Australian Federal Police National Police Certificate, which the applicant failed to provide within the specified timeframe, leading to the delegate not being satisfied that the applicant met this criterion.

The Tribunal reasoned that the applicant had subsequently provided two AFP National Police Certificates, dated 5 March 2021 and 10 February 2022, both of which confirmed no disclosable court outcomes. Based on this evidence, the Tribunal was satisfied that the applicant had met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant had satisfied this particular criterion.