Lee (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 to refuse to grant the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not she had a criminal history, as required by the Migration Regulations. Specifically, the Tribunal considered whether an Australian Federal Police (AFP) Standard Disclosure certificate, initially provided, satisfied this requirement, or if an AFP Full Disclosure check was necessary.

The Tribunal found that while the Department had initially refused the visa based on the absence of an AFP Full Disclosure check, the applicant had subsequently provided such a check to the Tribunal. This AFP Full Disclosure check, issued on 17 April 2019, indicated no criminal record in Australia. Consequently, the Tribunal was satisfied that the applicant had met the requirement under regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA(2)(a). The Tribunal also concluded that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth).