Ng (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse the visa, which was based on the applicant's failure to provide a statement from an appropriate authority regarding their criminal history.

The primary legal issue before the Tribunal was whether the applicant had satisfied the character requirements for the visa, specifically regulation 2.03AA(2) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority concerning any criminal history. The Tribunal also considered whether a request for a completed Form 80 had been made, as this was a secondary potential ground for refusal.

The Tribunal found that the applicant had since provided a National Police Certificate – Complete Disclosure issued by the Australian Federal Police, which certified that there were no disclosable outcomes recorded against the applicant. This satisfied the requirement under regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a completed Form 80, the Tribunal determined that the requirement under regulation 2.03AA(2)(b) did not apply. Consequently, the applicant was found to meet regulation 2.03AA(2).

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA(2).