JIAN (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 that had refused to grant the visa.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 2.03AA of the Migration Regulations 1994. This regulation prescribes additional criteria for visa grants where an applicant is required to satisfy Public Interest Criterion 4001, which includes the provision of requested documentation or information relating to the applicant’s criminal history.

The Tribunal found that while the applicant had initially provided a "Standard Disclosure Australian Federal Police clearance," the Department had requested a "Complete Disclosure Australian Federal Police clearance," which was not provided before the initial decision. However, on review, the applicant submitted a "Complete Disclosure National Police Certificate" dated 14 June 2019, confirming no disclosable court outcomes. The Tribunal reasoned that as this requested documentation had now been provided, the applicant satisfied the criterion in regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the matter for reconsideration, directing that the applicant met regulation 2.03AA, allowing the Minister to assess the remaining criteria for the visa grant, including clause 485.216.