Joshi (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, brought by the applicant against a decision made by the Minister. The Administrative Appeals Tribunal, constituted by Member Denise Connolly, considered whether the applicant had met the requirements of regulation 2.03AA of the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criterion prescribed by regulation 2.03AA(2), which requires the provision of requested documentation or information relating to the applicant’s criminal history, specifically an AFP Complete Disclosure - National Police Certificate and a completed approved form 80, when seeking to satisfy Public Interest Criterion 4001.

The Tribunal reasoned that the applicant had provided a copy of the receipt for payment for an AFP check and, crucially, a Complete Disclosure - National Police Certificate issued by the Australian Federal Police dated 11 November 2019. This certificate indicated no disclosable outcomes for the applicant. The Tribunal found that by providing this certificate, the applicant had complied with the request for documentation under regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the matter to the Minister with a direction that the applicant satisfied regulation 2.03AA, allowing the Minister to proceed with assessing the applicant's eligibility against Public Interest Criterion 4001 and the remaining criteria for the visa.