Lee (Migration)

The Administrative Appeals Tribunal considered an application by Mr Lee for a Skilled (Provisional) (Class VC) visa, Subclass 485. The dispute concerned whether Mr Lee had satisfied the character requirements for the visa, specifically in relation to providing a statement from an appropriate authority regarding his criminal history.

The Tribunal was required to determine whether Mr Lee had provided a statement from an appropriate authority, such as a police force, that evidenced whether he had a criminal history, and whether this satisfied the requirements of regulation 2.03AA(2)(a) and Public Interest Criterion 4001(b) of the Migration Regulations 1994. The Tribunal also needed to ascertain if Mr Lee met criterion cl 485.216(1) of Schedule 2 to the Regulations.

The Tribunal reasoned that Mr Lee, who resided in Australia, had provided a National Police Certificate dated 9 December 2021, certifying no disclosable court outcomes, and a Background Check (Criminal Records) Certificate from the Korean National Police Agency dated 1 December 2021, certifying no criminal records. These documents were considered statements from appropriate authorities, satisfying regulation 2.03AA(2)(a). The Tribunal was satisfied that these statements indicated Mr Lee would not fail to satisfy the Minister that he passed the character test under PIC 4001(b), and therefore met criterion cl 485.216(1).

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that Mr Lee met criterion cl 485.216(1) of Schedule 2 to the Regulations.