RAMOS (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision to refuse a Temporary Skill Shortage (Class GK) visa, Subclass 482. The primary dispute concerned whether the applicant had provided sufficient evidence of their criminal history, as requested by the Department of Home Affairs.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirement under regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding any criminal history. The Department had initially refused the application because the applicant had not provided all requested police certificates within the stipulated timeframe.

The Tribunal found that the applicant had subsequently provided a Qatar police clearance certificate and an Australian Federal Police Complete Disclosure certificate. It determined that these documents, issued by appropriate authorities, satisfied the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the applications for reconsideration, directing that the first named applicant met this specific criterion for the Subclass 482 visa. The eligibility of the second named applicant, who was refused on family unit grounds, was to be considered by the Department upon remittal, in light of the outcome for the first named applicant.