Meel (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by an individual seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether the applicant had satisfied the character requirements, specifically regulation 2.03AA of the Migration Regulations 1994, which mandates the provision of documentation relating to an applicant's criminal history if requested.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 2.03AA(2), which is applicable when a person is required to satisfy Public Interest Criteria (PIC) 4001 or 4002 for a visa grant, unless waived by the Minister. This regulation was relevant because clause 485.216(1) for a Subclass 485 visa requires applicants to meet various PIC, including PIC 4001. The Department had repeatedly requested an Australian Federal Police (AFP) National Police Certificate, which was not provided before the initial decision.

The Tribunal found that on review, an AFP 'Immigration/Citizenship Australia – name check only' certificate dated 20 May 2022 was provided, confirming a disclosable court outcome. Based on this certificate, the Tribunal determined that the applicant satisfied regulation 2.03AA(2)(a) and therefore met regulation 2.03AA. The Tribunal remitted the matter with a direction that the applicant satisfies regulation 2.03AA, allowing a delegate of the Minister to proceed with assessing PIC 4001 and the remaining criteria for the visa.