Mac Fhionnlaoich (Migration)

The Administrative Appeals Tribunal considered an application by Mr Mac Fhionnlaoich for a Temporary Skill Shortage (Class GK) visa, Subclass 482. The primary dispute concerned the applicant's compliance with character requirements, specifically the provision of police clearance certificates from Australia and Ireland.

The Tribunal was required to determine whether the applicant had satisfied the character requirements under regulation 2.03AA(2) of the Migration Regulations 1994. This involved assessing whether the applicant had provided statements from appropriate authorities regarding his criminal history, as requested by the Department. The initial refusal of the application by the delegate was based on the applicant's failure to provide these documents within the stipulated timeframe.

The Tribunal reasoned that while the applicant initially failed to provide the requested police checks, he had since submitted an Australian Federal Police National Police Certificate and an Irish police certificate. The Tribunal found that these documents satisfied the requirement under regulation 2.03AA(2)(a) for statements from appropriate authorities concerning his criminal history. As there was no evidence that a Form 80 had been requested, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2). The Tribunal remitted the application for reconsideration by the Department, with the direction that the applicant had met this specific criterion.