Krakue (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant with a criminal history. The dispute centred on whether the applicant had provided sufficient evidence of their criminal history, specifically a statement from an appropriate authority.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires a statement from an appropriate authority regarding an applicant's criminal history. This was in the context of Public Interest Criterion 4001(b), which relates to character requirements.

The Tribunal reasoned that the applicant, who resided in Australia, had provided a National Police Certificate dated 27 October 2021, certifying no disclosable court outcomes, and a Criminal Check from the Ghana Police Service dated 15 December 2021, stating no criminal record. The Tribunal found that these documents constituted a statement from an appropriate authority, satisfying regulation 2.03AA(2)(a). Consequently, the Tribunal was satisfied that the applicant met Public Interest Criterion 4001(b) and clause 485.216(1) of Schedule 2 to the Regulations.

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 485.216(1).