Kumar (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Kumar. The central dispute concerned whether Mr. Kumar had satisfied a regulatory requirement relating to his criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority, specifically the Australian Federal Police (AFP), confirming whether he had a criminal history. This was in the context of a visa application where such a certificate was a necessary piece of evidence.

The Tribunal found that while an AFP National Police Certificate had not been provided at the time of the initial delegate's decision, one was subsequently submitted by the applicant's representative. This certificate, dated 22 March 2021, stated that there were no disclosable court outcomes recorded against the applicant. Consequently, the Tribunal concluded that the applicant had now met the requirement stipulated in regulation 2.03AA(2).

Based on these findings, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA(2) for a Subclass 485 visa.