NAFAA (Migration)

The Administrative Appeals Tribunal considered the applications of NAFAA and Ahmed Muhammad Shaban for a Temporary Skill Shortage (Class GK) visa, Subclass 482, Labour Agreement stream, specifically in the Minister of Religion occupation. The primary dispute concerned whether the applicants satisfied the relevant criteria for the visa, particularly in relation to character requirements as evidenced by an Australian Federal Police National Police Check.

The Tribunal was required to determine if the applicants met the requirements of clause 482.217 of the Migration Regulations, which mandates the satisfaction of several public interest criteria, including clause 4001 concerning the character test. Additionally, the Tribunal needed to consider clause 482.312, which relates to family unit members of a primary applicant who holds or has satisfied the criteria for a Subclass 457 or Subclass 482 visa.

The Tribunal reasoned that the Australian Federal Police National Police Checks provided for the adult applicants, NAFAA and Ahmed Muhammad Shaban, indicated "no disclosable outcomes," thereby satisfying clause 482.217. Furthermore, the Tribunal found that the primary applicant satisfied clause 482.312. Consequently, the Tribunal determined that the secondary applicants, being minor children under 14 years of age, were not required to provide police clearances and could satisfy clause 482.312.

The Tribunal remitted the applications for Temporary Skill Shortage (Class GK) visas for reconsideration by the Minister, with a direction that the first named applicant meets the criteria specified in clause 482.217 of Schedule 2 to the Regulations.