Bhatti (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The primary dispute concerned whether the applicant had satisfied the requirement to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine if the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a requirement under regulation 2.03AA(2)(b) applied, which related to the provision of an approved Form 80.

The Tribunal found that while the applicant initially provided a certificate from the Queensland Police Service, which was not accepted by the Department, they subsequently provided an Australian Federal Police National Police Certificate. This certificate, dated 2 September 2019, confirmed there were no disclosable court outcomes relating to the applicant. The Tribunal concluded that this met the requirement of regulation 2.03AA(2)(a). Furthermore, the Tribunal noted there was no evidence that the delegate had requested an approved Form 80, rendering regulation 2.03AA(2)(b) inapplicable.

Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 485 visa.