Duong (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant had provided an expired Australian National Police Certificate - Complete Disclosure to the Department, which subsequently requested a current certificate. The Tribunal considered whether the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by regulation 2.03AA(2)(a). The Tribunal also considered whether a request for an approved Form 80 had been made, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the Department had indeed requested a current AFP Complete Disclosure certificate. While the applicant initially provided an expired certificate, they subsequently submitted a current National Police Certificate - Complete Disclosure dated 18 February 2020, which confirmed no disclosable court outcomes. The Tribunal was satisfied that this met the requirement of regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested an approved Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal determined that the applicant met regulation 2.03AA(2). The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, directing that the applicant had satisfied the criteria under regulation 2.03AA(2).