Prasain (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa. The applicant sought review of a delegate's decision to refuse the visa, which was based on the applicant's failure to provide an Australian Federal Police (AFP) Complete Disclosure certificate within the timeframe requested by the Department.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) and clause 485.216 of the Migration Regulations 1994, specifically concerning the provision of a statement from an appropriate authority regarding their criminal history. The delegate had concluded that the applicant did not meet these criteria due to the delayed submission of the AFP certificate.

The Tribunal found that the applicant had subsequently provided an AFP Complete Disclosure certificate dated 28 January 2020, which stated that the applicant had no disclosable court outcomes. As this certificate constituted a statement from an appropriate authority, the Tribunal determined that the applicant met the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets this specific criterion.