Lee (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought by the applicant, Lee, against a decision made by the Department. The case was heard by the Administrative Appeals Tribunal.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994, specifically concerning the provision of a statement from an appropriate authority regarding criminal history. The Department had initially requested a "Complete Disclosure AFP National Police clearance," but the applicant initially provided a "Standard Disclosure" certificate.

The Tribunal found that the applicant had subsequently provided the requested "Complete Disclosure" National Police Certificate from the Australian Federal Police, which confirmed no disclosable court outcomes. As the applicant had now met the requirement under regulation 2.03AA(2)(a), and there was no evidence of a request for a Form 80, the Tribunal concluded that the applicant satisfied regulation 2.03AA(2). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this criterion for the Subclass 485 visa.