Duarte Emidio (Migration)

The Administrative Appeals Tribunal considered the case of Duarte Emidio concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether the applicant had provided sufficient evidence regarding their criminal history as required by the regulations.

The primary legal issue before the Tribunal was whether the applicant had furnished a statement from an appropriate authority in Australia that evidenced their criminal history status. Specifically, the Tribunal had to determine if the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994.

The Tribunal found that the applicant had provided an Immigration/Citizenship Certificate dated 30 November 2021, issued by the Australian Federal Police (AFP). This certificate indicated that there were no disclosable court outcomes recorded against the applicant's name. Consequently, the Tribunal concluded that the applicant had satisfied regulation 2.03AA(2)(a) by providing a statement from an appropriate authority. As there was no evidence that a Form 80 had been requested, regulation 2.03AA(2)(b) was not applicable.

Based on these findings, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 485 visa.