Au (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (subclass 189) visa. The applicant sought review of a decision concerning their eligibility for this visa subclass.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA of the Migration Regulations 1994, specifically by providing a statement from an appropriate authority regarding their criminal history and by completing an approved Form 80.

The Tribunal noted that while departmental requests for a criminal history statement had been made in 2017 and 2018, the applicant ultimately provided an Australian Complete Disclosure certificate from the Australian Federal Police, dated 12 September 2018. This certificate indicated no disclosable court outcomes against the applicant. The Tribunal was satisfied that this met the requirement for a statement from an appropriate authority under r.2.03AA(2)(a). Furthermore, the applicant provided a completed approved Form 80 on 31 October 2018, satisfying r.2.03AA(2)(b). As both criteria were met, the Tribunal concluded that the applicant satisfied regulation 2.03AA as a whole.

Consequently, the Tribunal remitted the application for a Skilled Independent (subclass 189) visa for reconsideration, directing that the applicant met the criteria under regulation 2.03AA.