Dsouza (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant whose initial application had been refused. The dispute centred on whether the applicant had provided the correct documentation to satisfy a specific regulatory requirement concerning criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. A secondary issue was whether a request for an approved Form 80 had been made, which would engage regulation 2.03AA(2)(b).

The Tribunal found that while the applicant initially provided an incorrect type of Australian Federal Police certificate, they subsequently provided a National Police Certificate - Complete Disclosure/Immigration Citizenship certificate issued by the AFP on 8 October 2021. This certificate confirmed there were no disclosable outcomes recorded against the applicant as at that date, thereby satisfying regulation 2.03AA(2)(a). The Tribunal also noted there was no evidence that a request for an approved Form 80 had been made, meaning regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2).