Mansoor (Migration)

The Administrative Appeals Tribunal considered the case of Mr Mansoor concerning his application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The central dispute revolved around whether Mr Mansoor had provided a statement from an appropriate authority that adequately addressed his criminal history, as required by the regulations.

The Tribunal was tasked with determining whether the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding a person's criminal history. The applicant initially provided a National Police Certificate from the Queensland Police Service, but the Department of Home Affairs had requested an AFP National Police Certificate Complete Disclosure.

The Tribunal found that while the applicant initially submitted an incorrect document, he subsequently provided an AFP National Police Certificate – Complete Disclosure dated 5 April 2019. This certificate confirmed that the applicant had no disclosable court outcomes. Consequently, the Tribunal concluded that the applicant had met the requirement of regulation 2.03AA(2)(a). The Tribunal remitted the application for reconsideration, directing that the applicant be considered to meet this specific criterion for the Subclass 485 visa.