Chu (Migration)

The Administrative Appeals Tribunal considered an application by Mr Chu for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether Mr Chu had satisfied a specific regulatory requirement concerning his criminal history.

The primary legal issue before the Tribunal was whether Mr Chu met the requirements of regulation 2.03AA of the Migration Regulations 1994. This regulation imposes additional criteria when an applicant is required to satisfy Public Interest Criterion 4001, which includes providing requested documentation or information relating to the applicant’s criminal history, such as a statement from an appropriate authority about their criminal history and a completed approved form 80.

The Tribunal reasoned that while the Department had initially refused the visa because Mr Chu had provided a Standard Disclosure AFP clearance instead of a Complete Disclosure, on review, Mr Chu had provided a Complete Disclosure National Police Certificate. This certificate, dated 18 July 2019, had the same reference number as that cited on his visa application and was accompanied by a receipt indicating he had applied for the check on 30 September 2018. Mr Chu explained that he had not received the original certificate due to a pending signature requirement and a missed request from the AFP. The Tribunal found that Mr Chu had satisfied regulation 2.03AA.

Consequently, the Tribunal remitted the matter with a direction that Mr Chu satisfies regulation 2.03AA. The Minister is now able to consider whether Mr Chu meets clause 485.216 and the remaining criteria for the grant of a Subclass 485 visa.