Lui (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, to the Administrative Appeals Tribunal. The dispute centred on whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by the Migration Regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations, which mandates the provision of a statement from an appropriate authority concerning an applicant's criminal history. This requirement was a condition for meeting criterion cl.485.216 for the Subclass 485 visa.

The Tribunal reasoned that while the applicant initially provided an AFP Partial Disclosure statement, this was not the AFP Check that had been requested. However, upon review, the applicant subsequently provided an AFP Check dated 18 November 2019, which certified no disclosable court outcomes. The Tribunal concluded that this document 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.