Kaushal (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant, Kaushal. The dispute centred on whether the applicant had provided sufficient evidence of their criminal history, specifically a statement from an appropriate authority.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criterion in regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires evidence about whether a person has a criminal history. This was in the context of assessing the applicant's eligibility for a Subclass 485 visa, which involves meeting Public Interest Criterion 4001.

The Tribunal found that the applicant had provided a certificate from the Australian Federal Police dated 7 December 2021, which certified that there were no disclosable court outcomes recorded against the applicant's name. Based on this evidence, the Tribunal determined that the applicant satisfied regulation 2.03AA. The Tribunal remitted the matter with a direction that the applicant meets this criterion, allowing a delegate of the Minister to proceed with assessing PIC 4001 and the remaining visa requirements.