Lim (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant with a criminal history. The dispute centred on whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by the regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA of the Migration Regulations 1994, specifically whether they had provided a statement from an appropriate authority in Australia that evidenced their criminal history. The Tribunal also considered whether a request for a completed approved Form 80 had been made by the delegate.

The Tribunal reasoned that the applicant was required to provide a statement from an appropriate authority, identified as the Australian Federal Police (AFP), concerning their residency in a country. The applicant submitted an Immigration/Citizenship Certificate issued by the AFP, dated 17 November 2021, which stated there were no disclosable court outcomes recorded against their name. The Tribunal found this satisfied regulation 2.03AA(2)(a). As there was no evidence of a request for a Form 80, regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, directing that the applicant meets the criteria under regulation 2.03AA(2).