Carroll (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant with a criminal history. The dispute centred on whether the applicant had provided sufficient evidence of their criminal history, specifically a statement from an appropriate authority.

The Tribunal was required to determine whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding a person's criminal history. The primary decision had requested an Australian Federal Police (AFP) Complete Disclosure certificate.

The Tribunal found that while the initial application may have lacked the required documentation, the applicant subsequently provided an AFP National Police Certificate - Complete Disclosure dated 14 July 2022. This certificate indicated no disclosable court outcomes. Consequently, the Tribunal was satisfied that the applicant had met the requirements of regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence of a request for an approved Form 80, meaning regulation 2.03AA(2)(b) was not applicable.

Based on these findings, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, with a direction that the applicant meets the criteria under regulation 2.03AA(2).