Estrella (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant who had initially failed to provide a required statement from an appropriate authority regarding their criminal history. The Department had requested an Australian Federal Police (AFP) Complete Disclosure certificate, which the applicant failed to provide within the specified timeframe, leading to a delegate's decision that the applicant did not meet the relevant regulatory criteria.

The central legal issue before the Tribunal was whether the applicant had ultimately provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by the regulations. Specifically, the Tribunal had to determine if the AFP Complete Disclosure certificate provided by the applicant on 16 June 2020, which stated there were no disclosable court outcomes, satisfied the requirements of regulation 2.03AA(2)(a) and clause 485.216 of the Migration Regulations 1994.

The Tribunal reasoned that the AFP Complete Disclosure certificate, dated 3 June 2020 and received by the Tribunal on 16 June 2020, constituted the required statement from an appropriate authority. It found that this certificate provided evidence that the applicant had no disclosable court outcomes, thereby satisfying regulation 2.03AA(2)(a). Consequently, the Tribunal concluded that the applicant met this specific criterion for the Subclass 485 visa.

Based on these findings, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration. The Tribunal directed that the applicant be considered to meet the criterion under regulation 2.03AA(2)(a).