Keehn (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by an applicant with a criminal history. The dispute centred on whether the applicant had provided sufficient evidence regarding their criminal record to satisfy regulatory requirements.

The primary legal issue before the Tribunal was whether the applicant had furnished a statement from an appropriate Australian authority that addressed their criminal history. Specifically, the Tribunal had to determine if the applicant had met the requirements of regulation 2.03AA of the Migration Regulations 1994.

The Tribunal found that the applicant had indeed provided a statement from an appropriate authority, namely an Immigration/Citizenship Certificate issued by the Australian Federal Police (AFP) dated 16 November 2021. This certificate indicated that there were no disclosable court outcomes recorded against the applicant's name. As the delegate had not requested a completed Form 80, that particular requirement of regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant satisfied regulation 2.03AA(2).

Based on these findings, 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).