Arora (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant. The dispute centred on whether the applicant had provided sufficient evidence of their criminal history, specifically in relation to a requirement for a statement from an appropriate authority.

The Tribunal was required to determine if the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding any criminal history. The Tribunal also needed to consider whether there was sufficient material to assess the applicant's compliance with various Public Interest Criteria (PICs) and clause 485.216(1).

The Tribunal found that the applicant had provided a National Police Certificate dated 14 December 2021, which certified that there were no disclosable court outcomes. This, along with an earlier certificate, satisfied the requirement under regulation 2.03AA(2)(a). However, the Tribunal determined that the departmental file contained insufficient material to make broader findings regarding PICs 4001, 4002, 4003, 4004, 4005, 4010, 4020, 4021, and clause 485.216(1). Consequently, the Tribunal remitted the application to the Minister for reconsideration, directing that the applicant had met the criteria under regulation 2.03AA(2)(a).