Basnet (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding their criminal history.

The Administrative Appeals Tribunal was required to determine 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) of the Migration Regulations. The Tribunal also needed to consider the appropriate course of action given the evidence presented.

The Tribunal found that while the applicant had initially failed to provide an Australian Federal Police (AFP) National Police Certificate by the requested deadline, they had subsequently provided a certificate dated 28 April 2021. This certificate stated there were no disclosable court outcomes recorded against the applicant. 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 met the character criterion under regulation 2.03AA(2)(a).