Randunu Mudiyanselage (Migration)

This matter concerned an appeal by the applicant, Randunu Mudiyanselage, against a decision by the Department of Immigration to refuse to grant a Temporary Business Entry (Class UC) visa, subclass 457 (Temporary Work Skilled). The case was heard by the Administrative Appeals Tribunal, with Member Alison Mercer presiding. The central dispute revolved around the applicant's compliance with requirements for police clearance certificates.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not they had a criminal history, as required by the relevant regulations. The Tribunal also considered whether the applicant had met the criteria under regulation 2.03AA(2) of the Migration Regulations 1994, specifically subclauses (a) and (b).

The Tribunal found that while the applicant had initially failed to provide the requested police checks to the Department, they had subsequently provided an Australian Federal Police Full Disclosure check and a Sri Lankan police clearance certificate to the Tribunal. The Tribunal was satisfied that these documents demonstrated the applicant had no criminal record in Australia or Sri Lanka and that no other countries required checks. Consequently, the Tribunal determined that the applicant met the requirement under regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a completed Form 80, the Tribunal found that regulation 2.03AA(2)(b) did not apply.

Based on these findings, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration. The Tribunal directed that the applicant be considered to meet the criteria under regulation 2.03AA(2)(a) for a subclass 485 visa.