Dagvadorj (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), before the Administrative Appeals Tribunal. The applicant sought review of a delegate's decision to refuse the visa, which was based on the applicant's failure to provide a satisfactory criminal history statement.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced their criminal history, as required by the Migration Regulations. Specifically, the Tribunal had to determine if the documents provided by the applicant satisfied the requirements of regulation 2.03AA(2)(a) and clause 485.216 of the Migration Regulations.

The Tribunal found that while an initial National Crime Check certificate was insufficient, a subsequent AFP Complete Disclosure Certificate provided for the first applicant indicated no disclosable outcomes. Furthermore, an AFP Complete Disclosure Certificate for the second applicant (the spouse) revealed a finding of guilt for unauthorised dealing with shop goods in 2016, for which no conviction was recorded. The Tribunal concluded that the first applicant had met the requirement for providing the necessary statement from an appropriate authority.

Consequently, the Tribunal remitted the applications for the Skilled (Provisional) (Class VC) visas for reconsideration. The Tribunal directed that the first named applicant met the criteria under regulation 2.03AA(2)(a) for a Subclass 485 visa.