Chen (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr Chen. The dispute concerned whether Mr Chen had satisfied a particular regulatory requirement regarding the provision of evidence of his criminal history.

The legal issue before the Tribunal was whether Mr Chen had provided a statement from an appropriate authority that evidenced whether or not he had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. The Tribunal also considered whether a request for an approved Form 80 had been made by the original decision-maker.

The Tribunal found that the applicant had been requested to provide a Complete Disclosure certificate from the Australian Federal Police (AFP). On review, the Tribunal received a National Police Certificate - Complete Disclosure dated 29 August 2022, issued by the AFP, which stated there were no disclosable court outcomes recorded against the applicant. The Tribunal concluded that the applicant had now provided the requested statement from the appropriate authority, thus meeting regulation 2.03AA(2)(a). Furthermore, there was no evidence that the delegate had requested an approved Form 80, meaning regulation 2.03AA(2)(b) did not apply.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA(2).