KEIROUZ (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (AAT) regarding a Subclass 186 (Employer Nomination Scheme) visa application. The primary dispute centred on the adequacy of a police certificate provided by the second named applicant, which contained a misspelling of her given name.

The AAT was required to determine whether the second named 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 regarding criminal history when requested by the Minister. Specifically, the issue was whether a police certificate with an incorrectly spelled name could fulfil this requirement, or if a corrected certificate was necessary for the delegate to assess Public Interest Criterion 4001.

The Tribunal reasoned that while an initial police check was submitted with an incorrect spelling of the applicant's name, preventing the delegate from assessing her against PIC 4001, a subsequent, corrected police certificate was provided. This new certificate, dated 5 May 2017, accurately reflected the applicant's name as per her passport and confirmed she had no disclosable court outcomes. The Tribunal found that this corrected document satisfied the criterion under r.2.03AA(2)(a). Consequently, the Tribunal remitted the applications for reconsideration, directing that the second named applicant met the requirements of r.2.03AA and instructing the Minister to consider whether the applicant met cl.186.213 and the remaining visa criteria.