Nino Bernal (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, where the applicant's criminal history was a central issue. The decision was made by Karen McNamara, a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically in light of their criminal history as revealed by an Australian Federal Police National Police Certificate provided during the review process.

The Tribunal found that the applicant met certain criteria for the visa, including cl 485.216 of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the specified criteria.