Bhatti (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant, Mr. Bhatti, had not initially provided evidence of his criminal history to the Department. The Tribunal subsequently received a National Police Check dated 24 January 2018, which was submitted on 9 May 2018.

The central legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically concerning the provision of information about his criminal history as required by Paragraph 4001 (PIC 4001) of Schedule 2 to the *Migration Regulations 1994* (Cth), as it related to clause 485.216(1).

The Tribunal was satisfied that the new evidence, the National Police Check, demonstrated that the applicant met the relevant criterion. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal remitted the application with a direction that the applicant meets the criteria for the visa, specifically PIC 4001 for the purposes of meeting cl.485.216(1) of Schedule 2 to the Regulations.