Lim (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant. The dispute before the Tribunal centred on whether the applicant had provided sufficient evidence regarding their criminal history, as required by the relevant migration regulations.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied the requirement to provide a statement from an appropriate authority, such as a police force, concerning their criminal history. This was in the context of the Department's request for an Australian Federal Police Complete Disclosure / Immigration Citizenship clearance and the subsequent provision of National Police Certificates by the applicant.

The Tribunal found that the applicant had provided National Police Certificates dated 23 December 2021, which certified that there were no disclosable court outcomes. Consequently, the Tribunal concluded that the applicant had met the criteria under regulation 2.03AA(2)(a) by providing a statement from an appropriate authority in the country of residence. However, the Tribunal noted that there was insufficient material within the Departmental file to make wider findings regarding several other Public Interest Criteria (PICs) and clause 485.216(1).

Accordingly, the Tribunal determined that the preferable course was to remit the visa application to the Minister for reconsideration. The remittal was made with the direction that the applicant had met the criteria under regulation 2.03AA(2)(a) for the Subclass 485 visa.