Durwesh Mohiuddin (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), before the Tribunal. The applicant sought review of a decision that had found they did not meet the character requirements for the visa.

The central legal issue before the Tribunal was whether the applicant satisfied clause 485.216 of Schedule 2 to the Regulations, which requires the applicant to satisfy Public Interest Criterion (PIC) 4001 at the time of the decision. This criterion, in turn, is engaged by Regulation 2.03AA(2)(a), which mandates the provision of a statement from an appropriate authority in a country of residence regarding criminal history, if requested by the Minister.

The Tribunal reasoned that while the original delegate had found the applicant had not provided an Australian Federal Police (AFP) ‘Complete Disclosure’ certificate, the applicant had subsequently provided the Tribunal with an AFP ‘Complete Disclosure’ certificate dated 7 December 2020. The Tribunal concluded that this certificate constituted a statement from an appropriate authority (a police force) in a country where the applicant resided, providing evidence of their criminal history, and therefore satisfied the criterion in Regulation 2.03AA(2)(a). Consequently, the Tribunal found that the applicant met clause 485.216.

Given this finding, the Tribunal remitted the application for the Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 485.216 of Schedule 2 to the Regulations.