Cramer (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by Cramer. The dispute concerned whether the applicant had provided sufficient evidence of her criminal history, specifically a statement from an appropriate authority.

The legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding a person's criminal history. The Tribunal was required to determine if the applicant had provided the requested "Complete Disclosure" certificate from the Australian Federal Police (AFP).

The Tribunal found that the applicant had initially failed to provide the requested AFP Complete Disclosure certificate, leading the Department to request it. However, upon review, the Tribunal received a National Police Certificate - Complete Disclosure dated 16 August 2022, which indicated no disclosable court outcomes against the applicant's name. As the applicant had now provided the statement from the appropriate authority, she met the criteria under regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence the delegate had requested a completed 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 meets the criteria under regulation 2.03AA(2).