NARESH KUMAR (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Naresh Kumar. The primary dispute revolved around whether the applicant had satisfied the character test requirements, specifically concerning the provision of a National Police Certificate. The decision was made by Denise Connolly, a Member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant had provided a "Complete Disclosure" from the Australian Federal Police (AFP) regarding any criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The delegate had refused the visa on the basis that the applicant had initially provided a "Standard Disclosure" certificate, which was deemed insufficient, and had not subsequently provided the requested "Complete Disclosure."

The Tribunal reasoned that the applicant had ultimately provided a National Police Certificate - Complete Disclosure dated 6 March 2018, issued by the AFP, which stated there were no disclosable court outcomes recorded against the applicant. This document was found to satisfy the requirement of regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence that the delegate had requested the applicant to provide a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) was not applicable. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2).