Kunwar (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa by Mr Kunwar. The dispute centred on whether Mr Kunwar met the requirements of regulation 2.03AA of the Migration Regulations 1994, which is relevant to satisfying Public Interest Criterion (PIC) 4001. This criterion requires applicants to provide documentation relating to their criminal history when requested.

The primary legal issue before the Tribunal was to determine if Mr Kunwar had satisfied regulation 2.03AA. This regulation mandates that if a person is required to satisfy PIC 4001, they must provide requested documentation concerning their criminal history, including a statement from an appropriate authority and a completed approved form 80. The Department had requested an Australian Federal Police (AFP) National Police Check from Mr Kunwar.

The Tribunal reasoned that while the AFP certificate was not provided before the initial decision, Mr Kunwar subsequently submitted a certificate dated 12 May 2021. This certificate confirmed he had no disclosable court outcomes recorded against his name. The Tribunal concluded that this AFP certificate satisfied the requirement under regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the matter for reconsideration with a direction that Mr Kunwar meets regulation 2.03AA, allowing a delegate of the Minister to proceed with assessing PIC 4001 and the remaining visa criteria.