Needhisha Raj (Migration)

The applicant, Needhisha Raj, sought judicial review of a decision concerning her application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The matter came before Senior Member Kira Raif of the Tribunal. The core of the dispute revolved around whether the applicant met the criteria for the visa, specifically in relation to the provision of a National Police Certificate.

The Tribunal was required to determine if the applicant satisfied regulation 2.03AA(2) of the Migration Regulations. This regulation pertains to the requirements for obtaining a Subclass 485 visa, and the Tribunal's assessment focused on whether the documentation provided, including a copy of a National Police Certificate, met the stipulated criteria.

The Tribunal found that the applicant did indeed meet the criteria under regulation 2.03AA(2). Based on this finding, the Tribunal remitted the applications for the Skilled (Provisional) (Class VC) visas for reconsideration. The direction was that the first named applicant, Needhisha Raj, was to be considered as meeting the specified criteria for a Subclass 485 visa.