Kamal Alddin (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Kamal Alddin. The applicant's visa application was refused by the Department because she failed to provide a "Complete Disclosure" Australian Federal Police (AFP) check as requested. The applicant subsequently appealed this decision to the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by the Migration Regulations. Specifically, the Tribunal considered whether the AFP check provided by the applicant satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal also considered whether regulation 2.03AA(2)(b) applied, which relates to the provision of an approved Form 80.

The Tribunal found that while the applicant initially provided a "Standard Disclosure" AFP check, she later provided a "Complete Disclosure" AFP check to the Tribunal, which indicated she had no criminal record in Australia. This satisfied the requirement under regulation 2.03AA(2)(a). The Tribunal also noted there was no evidence that the Department had requested an approved Form 80, meaning regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal was satisfied that the applicant met the criteria under regulation 2.03AA(2). The Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion for a Subclass 485 visa.