Al Momani (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought before Senior Member R. Skaros of the Tribunal. The dispute centred on whether the applicant had provided a statement from an appropriate authority that adequately addressed their criminal history, as required by the regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations, which mandates the provision of a statement from an appropriate authority regarding criminal history. The Tribunal was required to assess the nature and sufficiency of the documents provided by the applicant, specifically an Australian Federal Police (AFP) Standard Disclosure certificate and an AFP Complete Disclosure certificate, in light of the delegate's request for further information.

The Tribunal reasoned that while an initial AFP Standard Disclosure certificate was provided, the delegate requested an AFP Complete Disclosure certificate. The applicant subsequently provided an AFP Complete Disclosure certificate dated 30 July 2019, which indicated a disclosable court outcome, namely a pending court appearance. The Tribunal concluded that this certificate constituted a statement from an appropriate authority that provided evidence about the applicant's criminal history, thereby satisfying regulation 2.03AA(2)(a). The Tribunal noted that it was not assessing the applicant's character but rather the compliance with the evidentiary requirement.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with the direction that the applicant had met the criteria under regulation 2.03AA(2)(a). Further assessment of the remaining visa criteria would be undertaken upon remittal.