BURUGULA (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, before the Administrative Appeals Tribunal. The applicant sought review of a decision that they did not meet the character requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria under regulation 2.03AA of the Migration Regulations 1994, specifically concerning the provision of evidence about their criminal history. This regulation requires the applicant to provide a statement from an appropriate authority regarding their criminal history if requested by the Minister, and a completed approved form 80.

The Tribunal found that the applicant had initially provided only partial disclosure Australian Federal Police certificates. The Department had requested a "Complete Disclosure Australian Federal Police clearance," which was not provided before the initial decision. However, the applicant subsequently provided a Complete Disclosure National Police Certificate to the Tribunal, which confirmed no disclosable court outcomes. The Tribunal reasoned that as this certificate had now been provided, the applicant had complied with the requirement under regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the matter for reconsideration, directing that the applicant met the criteria under regulation 2.03AA.