Li (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 concerning her eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority demonstrating whether or not she had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. Specifically, the Tribunal considered whether the applicant had satisfied the requirement to provide a criminal history statement from an appropriate authority in a country where she resided or had resided.

The Tribunal found that the applicant had provided a National Police Certificate - Complete Disclosure dated 3 February 2020, issued by the Australian Federal Police (AFP). This certificate indicated that there were no disclosable court outcomes recorded against the applicant's name. As the AFP is an appropriate authority for providing such a statement in relation to Australia, and the applicant had now provided this requested statement, the Tribunal concluded that the applicant met the requirements of regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence that the delegate had requested a completed Form 80, rendering regulation 2.03AA(2)(b) inapplicable.

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