Ho (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Ho for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute concerned the applicant's Australian Federal Police (AFP) check and whether he had made appropriate full disclosure regarding any disclosable court outcomes.

The Tribunal was required to determine whether the applicant had satisfied the requirements of the relevant regulations concerning disclosure and character for the Subclass 485 visa. Specifically, the Tribunal needed to assess the adequacy of the applicant's disclosure in relation to his AFP check and whether this disclosure impacted his eligibility for the visa.

The Tribunal found that the applicant had provided an appropriate full disclosure certificate, and there were no disclosable court outcomes. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria specified in cl.485.213 and cl.485.216(1) of Schedule 2 to the Regulations.