Dangol (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Dangol. The dispute concerned whether the applicant had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding his criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not he had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had met the criteria under regulation 2.03AA(2)(a) by providing the requested clearance.

The Tribunal found that the Department had initially requested the applicant to provide an AFP Complete Disclosure certificate. On review, the Tribunal received a National Police Certificate - Complete Disclosure dated 23 May 2022, issued by the AFP, which confirmed no disclosable court outcomes against the applicant. As the applicant had now provided the requested statement from the appropriate authority, the Tribunal concluded that he met the requirements of regulation 2.03AA(2)(a). The Tribunal also noted there was no evidence the delegate had requested an approved Form 80, rendering regulation 2.03AA(2)(b) inapplicable.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, with a direction that the applicant meets the criteria under regulation 2.03AA(2).