Li (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought before the Administrative Appeals Tribunal. The applicant, Ms. Li, had provided an Australian Federal Police (AFP) Standard Disclosure Certificate with her initial application. However, the Department subsequently requested a Complete Disclosure National Police Certificate from the AFP, which the applicant failed to provide within the stipulated timeframe.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA of the Migration Regulations 1994, specifically concerning the provision of a statement from an appropriate authority regarding her criminal history. The Tribunal was required to determine if the applicant had provided the requested statement from an appropriate authority, as mandated by the regulation.

The Tribunal found that while the applicant initially failed to provide the requested Complete Disclosure National Police Certificate to the Department, she subsequently submitted such a certificate to the Tribunal. This certificate, dated 18 May 2020 and issued by the AFP, indicated no disclosable court outcomes recorded against her name. Consequently, the Tribunal concluded that the applicant had satisfied the requirement under regulation 2.03AA(2)(a) by providing a statement from an appropriate authority. The Tribunal also noted that there was no evidence of a request for a completed Form 80, rendering regulation 2.03AA(2)(b) inapplicable.

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