Ortega Zambrano (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Ortega Zambrano. The dispute arose when the applicant failed to provide a requested Australian Federal Police (AFP) Complete Disclosure certificate by the deadline set by the delegate, leading to the refusal of her visa application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement to provide a statement from an appropriate authority regarding her criminal history, specifically under regulation 2.03AA(2)(a) of the Migration Regulations. The delegate had requested an AFP Complete Disclosure certificate, but the applicant initially provided an AFP Standard Disclosure certificate, which was not considered sufficient.

The Tribunal reasoned that although the applicant initially failed to provide the correct document within the delegate's timeframe, she subsequently provided an AFP Complete Disclosure certificate dated 25 January 2020 to the Tribunal. This certificate confirmed that the applicant had no disclosable court outcomes. The Tribunal concluded that the applicant had now met the requirement of regulation 2.03AA(2)(a) by providing the requested statement from the appropriate authority. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.