Dewar (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled Independent (Permanent) visa (Subclass 189) made by an applicant who had failed to provide an Australian Federal Police (AFP) Check as requested by the Department. The applicant had initially provided a New South Wales Police Check, mistakenly believing it to be the correct document, despite two requests from the Department for the AFP Check. The visa was refused on the grounds that the applicant did not meet regulation 2.03AA(2)(a) of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a), which requires the provision of a statement from an appropriate authority regarding any criminal history. The applicant provided a statement to the Tribunal explaining her misunderstanding regarding the type of police check required. Crucially, the applicant subsequently provided an AFP Check dated 24 May 2019, which confirmed she had no disclosable court outcomes.

The Tribunal was satisfied that the applicant had now provided the necessary evidence of her criminal history, thereby meeting the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.