Chua (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 that they did not meet the character requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 485.216 of Schedule 2 to the Regulations, which requires the applicant to satisfy Public Interest Criterion (PIC) 4001. This criterion, in turn, is engaged by Regulation 2.03AA(1), which mandates the provision of certain documents if requested by the Minister, including a statement from an appropriate authority regarding criminal history. The delegate had determined that the applicant failed to satisfy this criterion by not providing an Australian Federal Police (AFP) 'Complete Disclosure' certificate, instead providing a 'Veritas Check National Police History Check'.

The Tribunal reasoned that Regulation 2.03AA(2)(a) requires a statement from an appropriate authority in a country of residence that provides evidence about whether or not the person has a criminal history. The Tribunal found that the AFP 'National Police Certificate, Immigration/Citizenship-Australia Name Check Only' provided by the applicant, which confirmed no disclosable court outcomes, constituted such a statement from an appropriate authority. Therefore, the Tribunal concluded that the applicant had satisfied clause 485.216 and that an AFP 'Complete Disclosure' certificate was not strictly required.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 485.216.