Mucci (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, where the applicant sought review of a delegate's decision to refuse the visa. The core of the dispute revolved around whether the applicant had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding his criminal history. The decision was made by Jennifer Cripps Watts, a Member of the Tribunal.

The 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 s 2.03AA(2)(a) of the Migration Regulations 1994. This requirement was relevant to the applicant meeting the criteria for a Subclass 485 visa under cl 485.216. The Tribunal considered the applicant's initial application, a request for further information from the Department, the delegate's decision, and the various police checks provided.

The Tribunal reasoned that while the applicant initially provided a police check dated outside the required 12-month period and subsequently a New South Wales Police check instead of the requested Australian Federal Police (AFP) Check, he ultimately provided an AFP Check dated 19 March 2020. This AFP Check certified that as at that date, there were no disclosable court outcomes in the applicant's name. The Tribunal concluded that this document satisfied the requirement of s 2.03AA(2)(a) of the Regulations for the purpose of meeting cl 485.216.

Consequently, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration. The Tribunal directed that the applicant met the criteria under Regulation 2.03AA(2)(a) for a Subclass 485 visa.