Peng (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant, Ms Peng, had her visa application refused by the Department because she failed to provide requested police certificates from countries where she had resided for 12 months or more in the preceding 10 years within the specified timeframe.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Department had initially refused the application on the basis of non-compliance with this requirement.

Senior Member Skaros found that the applicant had, upon review, provided a Chinese police clearance certificate issued by the Tianjin Notary Public Office on 28 July 2019, indicating no criminal records. Additionally, the applicant submitted an Australian Federal Police Complete Disclosure certificate dated 7 August 2019, which also showed no disclosable outcomes. The Tribunal concluded that these documents satisfied the requirement of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a) for a Subclass 485 visa.