Alile (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a decision that had not granted the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not they had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. The delegate had previously requested an Australian Federal Police (AFP) Complete Disclosure/Immigration Citizenship clearance, which the applicant had failed to provide at that time.

The Tribunal found that the applicant had subsequently provided an AFP certificate dated 26 August 2022, which certified that there were no disclosable court outcomes recorded against the applicant. Consequently, the Tribunal was satisfied that the applicant met the criterion in regulation 2.03AA(2)(a). The Tribunal remitted the matter with a direction that the applicant satisfies regulation 2.03AA, enabling a delegate to assess the applicant's compliance with Public Interest Criterion 4001 and the remaining criteria for the visa.