KAUR (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought by the applicant, Ms Kaur. The dispute before the Tribunal, presided over by Member R. Skaros, centred on whether the applicant had provided sufficient evidence of her criminal history, specifically a "Complete Disclosure AFP National Police clearance" as requested by the Department.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding a person's criminal history. The Tribunal was required to assess whether the applicant had provided the specific type of clearance requested by the Department and whether this met the regulatory threshold.

The Tribunal found that while the applicant initially provided a "Standard Disclosure" certificate from the Australian Federal Police (AFP) instead of the requested "Complete Disclosure" certificate, she subsequently provided the correct document on review. This "Complete Disclosure" certificate, dated 2 July 2018, indicated no disclosable court outcomes against her name. Consequently, the Tribunal was satisfied that the applicant had now met the requirement under regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a completed Form 80, regulation 2.03AA(2)(b) was not applicable.

Based on these findings, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2) for the Subclass 485 visa. Accordingly, the Tribunal remitted the application for reconsideration with the direction that the applicant satisfies this specific criterion.