Gao (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), before the Administrative Appeals Tribunal. The applicant sought review of a decision relating to the provision of evidence concerning their criminal history.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority in Australia that evidenced their criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant had satisfied the requirement to provide a Complete Disclosure National Police Certificate from the Australian Federal Police (AFP) after being requested to do so by the Department.

The Tribunal found that the applicant had initially provided an AFP Standard Disclosure Certificate, but was subsequently requested to provide a Complete Disclosure National Police Certificate. The applicant then submitted a Complete Disclosure National Police Certificate dated 2 January 2020, which indicated no disclosable court outcomes. The Tribunal was satisfied that this certificate constituted a statement from an appropriate authority, thereby meeting the requirements of regulation 2.03AA(2)(a). As there was no evidence of a request for an approved Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal determined that the applicant satisfied regulation 2.03AA(2). The Tribunal remitted the application for reconsideration, directing that the applicant met this specific criterion for the Subclass 485 visa.