DEEPAK (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Tribunal. The applicant sought review of a decision to refuse their visa application.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history. Specifically, the Tribunal had to determine if the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal reasoned that while the applicant had initially failed to provide an Australian Federal Police (AFP) clearance within the period allowed by the delegate, they had subsequently provided an AFP Complete Disclosure certificate. This certificate, issued on 20 August 2019, indicated no disclosable criminal history outcomes. The Tribunal concluded that the applicant had now met the requirement of providing the requested statement from the appropriate authority. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfied regulation 2.03AA(2)(a).