Prashar (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), where the applicant's criminal history was in question. The Administrative Appeals Tribunal, constituted by Senior Member R. Skaros, was required to determine whether the applicant had satisfied a specific regulatory requirement concerning the provision of a criminal history statement.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced their criminal history. The delegate had initially refused the visa on 2 October 2019, asserting that an Australian Federal Police (AFP) Complete Disclosure certificate had not been provided when requested on 30 August 2019, thus failing to meet regulation 2.03AA.

The Tribunal found that an AFP Complete Disclosure certificate, dated 2 October 2019, had been provided to it. This certificate stated that there were no disclosable court outcomes for the applicant. Consequently, the Tribunal concluded that the applicant had now furnished the requisite statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a). The Tribunal therefore remitted the application for reconsideration with a direction that the applicant met this specific criterion.