Patel (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Patel for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Ms. Patel had satisfied a particular visa requirement relating to her criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority, namely the Australian Federal Police (AFP), confirming whether she had a criminal history. This requirement was stipulated by regulation 2.03AA(2) of the Migration Regulations.

The Tribunal found that while an AFP National Police Certificate had not been provided at the time of the initial delegate's decision, the applicant subsequently submitted a certificate dated 4 May 2021, which stated no disclosable court outcomes. This certificate was received by the Tribunal and further confirmed by the applicant's representative. Consequently, the Tribunal concluded that the applicant had now met the requirement of regulation 2.03AA(2). The Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.