Coronado (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision to refuse a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant sought to have the refusal decision set aside and remitted for reconsideration.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by migration regulations. The Tribunal had to determine if the documentation submitted by the applicant satisfied the requirements of subregulation 2.03AA(2)(a) of the Migration Regulations 1994.

The Tribunal found that while the Department had initially requested an updated Australian Federal Police (AFP) clearance due to the expiry of a previous certificate, the applicant subsequently provided an AFP Complete Disclosure Certificate dated 7 February 2021. The Tribunal concluded that this certificate, issued by the Australian Federal Police, was a suitable statement for the purposes of subregulation 2.03AA(2)(a). Accordingly, the Tribunal remitted the applications for reconsideration, directing that the first applicant met the criteria under regulation 2.03AA(2).