Ijaz (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a delegate's decision to refuse the visa on character grounds, specifically concerning the applicant's failure to provide a satisfactory Australian Federal Police (AFP) certificate.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.216 of Schedule 2 of the Migration Regulations 1994, which mandates compliance with Public Interest Criterion (PIC) 4001. This criterion, as elaborated by Regulation 2.03AA(1) and (2), requires the provision of a statement from an appropriate authority in a country of residence evidencing the applicant's criminal history, or a completed Form 80, if requested by the Minister. The delegate had determined that an AFP 'Complete Disclosure' certificate was necessary, which the applicant had not provided.

The Tribunal found that the applicant had provided an AFP 'National Police Certificate, Immigration/Citizenship-Australia Name Check Only', dated 10 November 2021. The Tribunal reasoned that this certificate, issued by the AFP (an appropriate authority), served as a statement providing evidence about whether the applicant had a criminal history in Australia, a country where the applicant resided. Therefore, the Tribunal concluded that the applicant had satisfied the requirements of Regulation 2.03AA(2)(a) and, consequently, clause 485.216.

Accordingly, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met the criteria under clause 485.216. The Minister was to proceed to consider the remaining criteria for the grant of the visa.