Matthews (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Administrative Appeals Tribunal. The primary dispute revolved around the applicant's criminal history statement, specifically an Australian Federal Police (AFP) certificate that had expired by the time the Department considered the application. The applicant subsequently provided a current certificate to the Tribunal.

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 required by regulation 2.03AA(2)(a) of the Migration Regulations. Additionally, the Tribunal considered the status of other applicants who were refused the visa on the grounds that they were not satisfied as members of the family unit of the primary applicant, as required by clause 485.311.

The Tribunal reasoned that the applicant had satisfied regulation 2.03AA(2) by providing a current AFP 'Immigration/Citizenship – Australia, Name Check Only' certificate dated 29 September 2022, which confirmed no disclosable court outcomes. The Tribunal noted that while the initial AFP certificate provided to the Department had expired, the subsequent certificate met the regulatory requirement. Regarding the other applicants, the Tribunal found that the Department should reconsider their eligibility for the Subclass 485 visa, given the findings in relation to the primary applicant.

Consequently, the Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration. The Tribunal directed that the first named applicant was found to meet the criteria under regulation 2.03AA(2).