Maninder Singh (Migration)

This matter concerned an application for a Skilled Work Regional (Provisional) (Class PS) visa, Subclass 491. The applicant, Maninder Singh, was seeking review of a decision that had not satisfied the character requirements of the visa. The case was heard by Senior Member R. Skaros of the Tribunal.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not he had a criminal history, as required by regulation 2.03AA(2) of the Migration Regulations. The Department had previously requested an Australian Federal Police (AFP) National Complete Disclosure Certificate and evidence from an appropriate authority in India.

The Tribunal found that while the applicant had initially failed to provide the requested documentation to the Department, he had subsequently provided the Tribunal with an AFP National Complete Disclosure Certificate dated 10 July 2020, confirming no disclosable court outcomes, and a certificate from the Ministry of External Affairs, Consulate General of India, dated 15 January 2021, stating no adverse information for immigration purposes. On this basis, the Tribunal was satisfied that the applicant had met the requirements of regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the applications for the Skilled Work Regional (Provisional) (Class PS) visas for reconsideration by the Minister, with a direction that the first named applicant met the criteria under regulation 2.03AA(2)(a).