Guo (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant, Guo. The dispute before the Tribunal was whether the applicant had satisfied a specific regulatory requirement concerning the provision of details about their criminal history. The decision was made by Antonio Dronjic, a Member of the Tribunal.

The primary legal issue before the Tribunal was to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant had met the requirements of regulation 2.03AA(2)(a) by providing a complete disclosure certificate from the Australian Federal Police (AFP). The Tribunal also considered whether regulation 2.03AA(2)(b) applied, which relates to the provision of an approved Form 80, noting that there was no evidence of a request for such a form.

The Tribunal reasoned that the applicant had been requested by the Department to provide a complete disclosure AFP National Police clearance. Upon review, the Tribunal received an AFP National Police Certificate – Complete Disclosure dated 21 February 2019, which indicated no disclosable court outcomes against the applicant's name. The Tribunal was satisfied that this certificate constituted a statement from the appropriate authority, thereby meeting the requirement of regulation 2.03AA(2)(a). As no request for an approved Form 80 had been made, regulation 2.03AA(2)(b) was not applicable.

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