Batkhuu (Migration)

The Administrative Appeals Tribunal considered an application for review by Mr. Batkhuu concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether Mr. Batkhuu had provided the necessary documentation relating to his criminal history as requested by the Department.

The primary legal issue before the Tribunal was whether Mr. Batkhuu met the requirements of regulation 2.03AA of the Migration Regulations 1994. This regulation mandates the provision of requested information concerning an applicant's criminal history, specifically police clearance certificates from countries where they have resided for 12 months or more since turning 16. The Tribunal had to determine if the applicant had complied with this requirement, particularly in light of a document provided after the initial application.

The Tribunal reasoned that while Mr. Batkhuu had not initially provided a police clearance certificate from Mongolia, he subsequently submitted a "Reference on Civil Criminal Records" from the National Police Agency of Mongolia. This document, issued after the Department's decision, stated there were no records concerning the applicant. The Tribunal found that this document satisfied the request made under regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the matter for reconsideration with a direction that Mr. Batkhuu met regulation 2.03AA(2), allowing the delegate to proceed with assessing other criteria for the visa.