Chhoker (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse their visa application.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant had satisfied the requirement to provide a Complete Disclosure certificate from the Australian Federal Police (AFP).

The Tribunal found that the Department had initially requested a Complete Disclosure AFP National Police clearance within 28 days, which the applicant failed to provide, leading to the refusal of the visa. However, upon review, the Tribunal received an AFP National Police Certificate - Complete Disclosure dated 10 January 2019, which indicated no disclosable court outcomes against the applicant's name. The Tribunal concluded that as the applicant had now provided the requested statement from the appropriate authority, they met the criteria under regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence of a request for an approved Form 80, so regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 485 visa.