Khan (Migration)

In the matter of Khan (Migration), the Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485. The applicant's criminal history was a central issue in the Department's assessment of the application.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by regulation 2.03AA(2)(a). The Tribunal also needed to consider whether there was sufficient material to make findings regarding various Public Interest Criteria (PICs) and specific visa clauses, including PIC 4001, 4002, 4003, 4004, 4005, 4010, 4020, 4021, and clause 485.216(1).

The Tribunal reasoned that the applicant had provided a National Police Certificate dated 25 August 2021, which certified that there were no disclosable court outcomes. This satisfied the requirement under regulation 2.03AA(2)(a). However, the Tribunal found that the Departmental File contained insufficient material to make wider findings concerning the other listed PICs and clauses. Consequently, the Tribunal concluded that the preferable course was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant met the criteria under regulation 2.03AA(2)(a).