Gangala (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr Gangala. The dispute concerned whether the applicant had satisfied a regulatory requirement regarding the provision of a police certificate.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not he had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. The Tribunal also considered whether a request had been made for an approved Form 80.

The Tribunal found that the applicant had been requested by the Department to provide an AFP Complete Disclosure clearance. On review, the Tribunal received a National Police Certificate - Complete Disclosure dated 25 March 2022, issued by the AFP, which confirmed no disclosable court outcomes against the applicant. Consequently, the Tribunal was satisfied that the applicant met the requirement of regulation 2.03AA(2)(a). The Tribunal also noted there was no evidence that a request for an approved Form 80 had been made, rendering regulation 2.03AA(2)(b) inapplicable.

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