KAMAL SHAH (Migration)

This matter concerned an appeal by Kamal Shah, a Malaysian citizen, against the refusal of his application for a Temporary Work (Skilled) visa (Subclass 457). The Administrative Appeals Tribunal was required to determine whether Mr. Shah had satisfied the character requirements for the visa.

The primary legal issue before the Tribunal was whether Mr. Shah had provided a statement from an appropriate authority evidencing whether he had a criminal history in all countries where he had resided. Specifically, the Tribunal considered whether Mr. Shah had made a genuine attempt to obtain a criminal history certificate from Malaysia, as required by cl.457.224 of Schedule 2 to the Regulations and r.2.03AA(2)(a) of the Regulations.

The Tribunal found that while Mr. Shah had applied for a Certificate of Good Conduct from the Malaysian Ministry of Foreign Affairs, there was insufficient evidence that he had made a genuine attempt to obtain this certificate or that he had diligently pursued its acquisition. Despite being granted an extension by the Tribunal, the information provided by Mr. Shah indicated that the processing time was lengthy and uncertain, and he had not demonstrated proactive steps to expedite or resolve the matter. The Tribunal concluded that Mr. Shah had not met the requirements of r.2.03AA(2)(a).

Consequently, the Tribunal affirmed the decision not to grant Mr. Shah the Subclass 457 visa.