Khan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a decision that had refused to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by the relevant regulations. Specifically, the Tribunal considered whether an Australian Federal Police (AFP) Complete Disclosure certificate, which stated the applicant had no disclosable court outcomes, satisfied the requirements of regulation 2.03AA(2)(a) and clause 485.216 of the Migration Regulations 1994.

The Tribunal reasoned that while the applicant had initially failed to provide the AFP certificate in response to a request from the Department, they had subsequently provided a copy of an AFP Complete Disclosure certificate dated 9 December 2019 to the Tribunal. This certificate confirmed that the applicant had no disclosable court outcomes. The Tribunal concluded that this certificate constituted the required statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a).

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