Lu (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, against a decision that they did not satisfy a particular visa criterion. The dispute centred on whether the applicant had provided a statement from an appropriate authority demonstrating their criminal history status. The decision was made by a Senior Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations, which requires the provision of a statement from an appropriate authority regarding whether the person has a criminal history. The applicant had initially provided a Standard Disclosure AFP check, which was deemed insufficient by the Department.

The Tribunal reasoned that the applicant had ultimately provided an AFP Complete Disclosure certificate dated 17 March 2020, which stated that the applicant had no disclosable court outcomes. The Tribunal found this certificate to be a statement from an appropriate authority that satisfied the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.