Lyu (Migration)

The Administrative Appeals Tribunal considered an application by Lyu for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary). The dispute concerned whether the applicant had provided a statement from an appropriate authority evidencing her criminal history, as required by the Migration Regulations.

The Tribunal was required 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 regarding criminal history. The Tribunal also considered whether the applicant had met the requirements of regulation 2.03AA(2)(b) by providing a completed Form 80.

The Tribunal found that while the applicant had not initially provided an Australian Federal Police (AFP) check at the time of the delegate's decision, she had subsequently provided two AFP Full Disclosure checks dated 2 March 2018 and 8 May 2018, which indicated no criminal record in Australia. The Tribunal was satisfied, based on documentary evidence including a name change explanation and consistent date of birth, that these checks related to the applicant. The Tribunal also noted that a completed Form 80 was provided with the visa application. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2).

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in regulation 2.03AA(2) for a subclass 485 visa.