I Like Ramen Pty Ltd (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) made by I Like Ramen Pty Ltd. The dispute concerned whether the applicant had provided sufficient evidence of her criminal history, specifically an Australian police clearance certificate, as requested by the original delegate.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994. This regulation pertains to the provision of statements from appropriate authorities regarding an applicant's criminal history. The Tribunal also considered whether a request for an approved Form 80 had been made by the delegate, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the applicant had provided a Complete Disclosure National Police Certificate from the Australian Federal Police, dated 19 April 2018, which indicated no disclosable court outcomes. Consequently, the Tribunal concluded that the applicant had satisfied regulation 2.03AA(2)(a). Furthermore, as there was no evidence that the delegate had requested an approved Form 80, regulation 2.03AA(2)(b) was not applicable.

Based on these findings, the Tribunal remitted the application for a GK – Temporary Skill Shortage (Class GK) visa for reconsideration, with a direction that the applicant met the criteria under regulation 2.03AA(2).