Mishra (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant with a criminal history. The Department had requested an Australian Federal Police Complete Disclosure / Immigration Citizenship clearance from the applicant.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority, such as a police force, evidencing their criminal history. The Tribunal was required to determine if the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994.

The Tribunal reasoned that the applicant had provided a National Police Certificate dated 7 March 2021, which certified no disclosable court outcomes. This satisfied regulation 2.03AA(2)(a). However, the Tribunal found that there was insufficient material within the Departmental File to make broader findings regarding various Public Interest Criteria (PICs) including 4001, 4002, 4003, 4004, 4005, 4010, 4020, 4021, and clause 485.216(1). Consequently, the Tribunal determined that the most appropriate course of action was to remit the visa application to the Minister for reconsideration of these remaining criteria.