Qasim (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Tribunal. The applicant had provided a National Police Certificate which certified that there were no disclosable court outcomes recorded against them.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority, such as a police force, evidencing their criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The Tribunal was also required to consider whether the applicant satisfied the character test under Public Interest Criterion 4001(b) and clause 485.216(1) of Schedule 2 to the Regulations.

The Tribunal reasoned that the applicant resided in Australia and had been requested by the Department to provide an Australian Federal Police clearance. Crucially, the Tribunal received a National Police Certificate dated 17 December 2021, which confirmed no disclosable court outcomes. The Tribunal concluded that this certificate constituted a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a). Based on this, the Tribunal was satisfied that the applicant met the character test under PIC 4001(b) and clause 485.216(1).

Accordingly, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 485.216(1) of Schedule 2 to the Regulations.