Garrido (Migration)

The Administrative Appeals Tribunal considered an application by an individual seeking an Employer Nomination (Permanent) visa, Subclass 186 Employer Nomination Scheme. The central dispute concerned whether the applicant had provided sufficient evidence of their criminal history, specifically a statement from an appropriate authority as required by the regulations.

The Tribunal was required to determine if the applicant had satisfied the evidentiary requirements concerning their criminal history, as stipulated by regulation 2.03AA(2)(a) of the Migration Regulations 1994. This involved assessing the adequacy of the documents provided by the applicant, namely a Complete Disclosure AFP check and a National Bureau of Investigation (NBI) police check from the Philippines.

The Tribunal found that the applicant had provided a Complete Disclosure AFP check issued in August 2018 and an NBI police check issued in January 2016, which was valid until January 2017. Crucially, the Tribunal noted that the applicant had not been in the Philippines since the NBI check was issued. Based on this material, the Tribunal was satisfied that the applicant had provided a statement from an appropriate authority, thus meeting the requirements of regulation 2.03AA(2)(a). The Tribunal also noted that a completed Form 80 had previously been provided to the Department, rendering regulation 2.03AA(2)(b) inapplicable.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2) for a Subclass 186 visa.