Pagidi (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Pagidi. The central dispute concerned whether Mr. Pagidi had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding his criminal history.

The legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not he had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. The Tribunal needed to determine if the documentation provided by Mr. Pagidi met this specific evidentiary threshold.

The Tribunal found that while an initial request for an AFP Complete Disclosure certificate was not met by the delegate, and an AFP Standard Disclosure certificate was provided later, the applicant ultimately submitted an AFP Complete Disclosure certificate dated 22 November 2019. This certificate stated there were no disclosable court outcomes for the applicant. The Tribunal concluded that this document satisfied the requirement of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this criterion.