Diao (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, brought before the Administrative Appeals Tribunal by the applicant, Diao. The dispute arose from the Department's decision to refuse the visa application, which the applicant sought to have reviewed.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not she had a criminal history in Australia, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal also considered whether a request for a completed Form 80 had been made by the Department, which would engage regulation 2.03AA(2)(b).

The Tribunal found that while the applicant had initially provided a Standard Disclosure AFP certificate and had not provided a Complete Disclosure AFP check at the time of the delegate's decision, she subsequently provided an AFP Full Disclosure check to the Tribunal. This document indicated she had no criminal record in Australia. Consequently, the Tribunal was satisfied that the applicant had met the requirement under regulation 2.03AA(2)(a). The Tribunal also noted there was no evidence that the delegate had requested a Form 80, rendering regulation 2.03AA(2)(b) inapplicable.

Based on these findings, the Tribunal was satisfied that the applicant met regulation 2.03AA(2) and therefore remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant met this specific criterion.