Dela Cruz (Migration)

The Administrative Appeals Tribunal considered the case of Mr Dela Cruz concerning his application for a Temporary Graduate (subclass 485) visa. The dispute centred on whether Mr Dela Cruz had satisfied the requirements for a police clearance certificate as stipulated by the Migration Regulations.

The primary legal issue before the Tribunal was whether Mr Dela Cruz had met the requirements of regulation 2.03AA(2)(a) of the Migration Regulations. This regulation mandates that an applicant provide a statement from an authority in a country where they have resided, indicating whether they have a criminal history, if requested. The Tribunal also considered clause 485.213, which requires evidence of an application for an Australian Federal Police check within 12 months of the visa application being made.

The Tribunal reasoned that while the applicant had ultimately provided a "Complete Disclosure" AFP National Police Check to the Tribunal, this document was not in existence at the time the Department made its initial decision. However, the Tribunal found that the applicant had applied for the required document. Given that the provided certificate indicated no discernible court outcomes relating to the applicant, the Tribunal determined that the applicant met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the decision under review to the Minister for reconsideration of the remaining visa criteria.