Nguyen (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The central dispute concerned whether the applicant had satisfied a requirement to provide a criminal history statement from an appropriate authority.

The legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The delegate had initially requested an AFP Complete Disclosure certificate, but the applicant initially provided an AFP Standard Disclosure certificate.

The Tribunal reasoned that the applicant had ultimately provided an AFP Complete Disclosure certificate dated 6 November 2019 to the Tribunal. This certificate stated that there were no disclosable court outcomes for the applicant. Consequently, the Tribunal found that the applicant had met the requirement of regulation 2.03AA(2)(a).

The Tribunal decided to remit the application for reconsideration, directing that the applicant be found to meet the criteria under regulation 2.03AA(2)(a) for a Subclass 485 visa.