Parenzee (Migration)

The Administrative Appeals Tribunal considered the applications of the first and second named applicants for Skilled Independent (Permanent) visas. The dispute concerned whether the first applicant had provided a statement from an appropriate authority evidencing whether they had a criminal history, as required by regulation 2.03AA(2) of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied the evidentiary requirements of regulation 2.03AA(2)(a) by providing a statement from an appropriate authority regarding their criminal history. Initially, the Department had requested an AFP Complete Disclosure Certificate, but the applicant provided a Nationally Coordinated Criminal History Check Certificate, which was deemed insufficient.

The Tribunal reasoned that the applicant had subsequently provided an AFP National Complete Disclosure Certificate dated 26 October 2020, which confirmed no disclosable court outcomes. A similar certificate for the second applicant, dated 24 October 2020, was also before the Tribunal. Based on this evidence, the Tribunal concluded that the first applicant met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the applications for both applicants to the Department for reconsideration of the remaining visa criteria, directing that the first applicant had met regulation 2.03AA(2)(a).