Karki (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Karki for a Skilled (Provisional) (Class VC) visa, Subclass 485. The dispute centred on whether Mr. Karki had provided the correct documentation regarding his criminal history, specifically an Australian Federal Police certificate, as requested by the Department.

The Tribunal was required to determine if Mr. Karki had supplied a statement from an appropriate authority that evidenced whether or not he had a criminal history. This involved assessing whether the initial Queensland police clearance certificate and a subsequent "Digital National Police Certificate" met the requirements of Regulation 2.03AA(2)(a) of the Migration Regulations 1994.

The Tribunal found that Mr. Karki had initially mistakenly provided a Queensland police clearance certificate. He later provided a "Digital National Police Certificate" which stated he was not recorded with any disclosable court outcomes by Australian police jurisdictions. While this certificate contained explanatory notes regarding disclosable court outcomes, the Tribunal noted that Mr. Karki had also obtained a National Police Certificate from the Australian Federal Police dated 30 April 2019, which certified no disclosable court outcomes. The Tribunal concluded that this latter certificate constituted a statement from an appropriate authority, thus satisfying the requirement under Regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr. Karki met the criteria under Regulation 2.03AA(2) for a Subclass 485 visa.