Jani (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 decision concerning their visa application, which involved considerations of their criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority, such as a police force, evidencing their criminal history. The Tribunal was required to determine if the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994.

The Tribunal found that the applicant had provided a National Police Certificate dated 15 December 2021, which certified that there were no disclosable court outcomes. This satisfied regulation 2.03AA(2)(a). However, the Tribunal noted that there was insufficient material within the Departmental File to make wider findings regarding various Public Interest Criteria (PICs) and clause 485.216(1). Consequently, the Tribunal determined that the preferable course was to remit the visa application to the Minister for reconsideration of the remaining criteria.