Guadix Lopez (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Guadix Lopez. The dispute centred on whether the applicant had provided sufficient evidence of his criminal history, specifically a statement from an appropriate Australian authority.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA of the Migration Regulations 1994, which requires the provision of a statement from an appropriate authority regarding criminal history. The Tribunal had to assess whether the documentation provided by the applicant met this regulatory requirement.

The Tribunal reasoned that while the applicant initially provided a National Police Certificate from the New South Wales Police Force, the Department subsequently requested a "Complete Disclosure National Police Certificate" from the Australian Federal Police (AFP). The applicant failed to provide this within the specified timeframe. However, the applicant later submitted a Complete Disclosure National Police Certificate issued by the AFP, which indicated no disclosable court outcomes. The Tribunal concluded that this AFP certificate constituted a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2).