Goli (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas, subclass 482, for the occupation of Painting Trades Worker. The applicants had provided Australian and Italian police clearances, but these were initially either expired or not provided at the time of the initial decision. The review was before the Tribunal, with Member Karen Synon presiding.

The central legal issue before the Tribunal was whether the applicants satisfied Regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires the provision of a statement from a relevant authority in a country of residence evidencing whether the person has a criminal history, if requested. The Tribunal also considered Regulation 2.03AA(2)(b) regarding the provision of an approved Form 80, noting that this requirement could not be waived.

The Tribunal reasoned that while the applicants initially failed to provide valid police clearances and residential addresses, they subsequently provided completed Form 80s and, upon invitation, supplied updated Australian Federal Police (AFP) Clearance Certificates and Italian police clearances with translations. These Italian documents were verified as genuine by the Department of Home Affairs, and the AFP certificates were dated shortly before the Tribunal's decision. Consequently, the Tribunal was satisfied that the applicants had met the requirements of Regulation 2.03AA(2)(a) by providing the requested statements from the appropriate authorities.

The Tribunal concluded that the appropriate course of action was to remit the applications for reconsideration by the Minister, with a direction that the first and second named applicants had met the criteria under Regulation 2.03AA(2) in relation to PIC 4001 for the purposes of clause 482.217(1) of the Migration Regulations.