Navarro (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant, Navarro. The dispute concerned whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by the regulations.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations. This regulation requires an applicant to provide a statement from an appropriate authority regarding their criminal history. The Department had initially requested an AFP Complete Disclosure certificate, which the applicant failed to provide, instead submitting a State Police Certificate.

The Tribunal reasoned that while the applicant initially provided an incorrect document, they subsequently submitted an AFP Complete Disclosure Certificate dated 26 November 2019. This certificate stated that no disclosable outcomes were recorded against the applicant. The Tribunal concluded that this document constituted the required statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.