Dao (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), brought before the Administrative Appeals Tribunal. The applicant sought review of a decision that had been made regarding their visa application.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 2.03AA of the Migration Regulations 1994, which is relevant to satisfying Public Interest Criterion (PIC) 4001. This regulation mandates the provision of specific documentation relating to an applicant's criminal history when requested by the Minister. The Tribunal was required to determine if the applicant had provided the necessary statement from an appropriate authority regarding their criminal history, as requested by the Department.

The Tribunal found that the Department had requested an AFP National Police Check from the applicant on 31 March 2020. While the application was finalised, it appeared the AFP certificate was not properly uploaded or received before the initial decision was made. Upon review, the applicant provided evidence, including a photograph of an AFP certificate dated 1 February 2020, confirming no disclosable court outcomes. The Tribunal concluded that the applicant had now complied with the request under regulation 2.03AA(2)(a) and therefore satisfied regulation 2.03AA.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfies regulation 2.03AA. This allows the Minister to proceed with assessing whether the applicant meets PIC 4001 and the remaining criteria for the grant of a Subclass 485 visa.