KC (Migration)

The Administrative Appeals Tribunal considered the case of KC (Migration) concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The central dispute revolved around whether the applicant had provided a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine if the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority concerning a person's criminal history. The Tribunal also considered whether regulation 2.03AA(2)(b) applied, which relates to the provision of a completed approved Form 80.

The Tribunal found that the applicant had provided an AFP Complete Disclosure/Immigration Citizenship clearance certificate dated 15 February 2022, which it was satisfied constituted a statement from an appropriate authority. Therefore, the Tribunal concluded that regulation 2.03AA(2)(a) was met. Furthermore, as there was no evidence that the delegate had requested a completed Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2).