Birks (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482. The applicant's visa application was refused by the delegate because the applicant failed to provide an Australian Federal Police ‘Complete Disclosure’ check within the requested timeframe. The applicant subsequently provided this check, along with a UK police clearance certificate, to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement by an appropriate authority regarding the applicant's criminal history. The Tribunal was also required to consider whether regulation 2.03AA(2)(b) applied, which relates to the provision of a Form 80.

The Tribunal found that the applicant had now provided the necessary police checks from both Australia and the United Kingdom, satisfying the requirement under regulation 2.03AA(2)(a). The Tribunal noted that there was no evidence that the delegate had requested a Form 80, therefore regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a GK – Temporary Skill Shortage (Class GK) visa for reconsideration, with the direction that the applicant meets the criteria specified in regulation 2.03AA(2).