Bhandari (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought by the applicant, Ms Bhandari. The dispute before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994, specifically concerning the provision of a statement from an appropriate authority regarding criminal history. The decision was made by Antonio Dronjic, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by regulation 2.03AA(2)(a). The Tribunal also considered whether a request had been made for an approved Form 80, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the Department had initially requested the applicant to provide a Complete Disclosure certificate from the Australian Federal Police (AFP). On review, the applicant provided National Police Certificates - Complete Disclosure, dated 17 June 2022 and 29 July 2022, which indicated no disclosable court outcomes against her name. Consequently, the Tribunal was satisfied that the applicant had now met the requirement under regulation 2.03AA(2)(a). The Tribunal also noted there was no evidence that a request for an approved Form 80 had been made, meaning regulation 2.03AA(2)(b) was not applicable.

The Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration. It directed that the first named applicant be considered to meet the criteria under regulation 2.03AA(2) for a Subclass 485 visa.