Ly (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant who had been refused the visa by the Department. The central dispute concerned whether the applicant had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as stipulated by regulation 2.03AA(2)(a). This involved assessing the nature of the police certificates provided by the applicant at different stages of the application process.

The Tribunal reasoned that while the applicant initially provided a Queensland police certificate, the Department had specifically requested an Australian Federal Police "Complete Disclosure" Certificate. The applicant's failure to provide this specific document within the initial timeframe led to the Department's refusal. However, upon review, the applicant subsequently provided an Australian Federal Police National Police Certificate – Complete Disclosure, dated 17 May 2019, which confirmed no disclosable court outcomes. The Tribunal concluded that this later-provided certificate satisfied the requirement of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a) for the Subclass 485 visa.