Rijal (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by Mr Rijal. The Administrative Appeals Tribunal (the Tribunal) was required to determine whether Mr Rijal met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, which mandates the provision of documentation relating to an applicant's criminal history when requested by the Minister. This regulation was applicable because clause 485.216(1) of the Migration Regulations requires applicants for a Subclass 485 visa to satisfy various Public Interest Criteria (PIC), including PIC 4001.

The central legal issue before the Tribunal was whether Mr Rijal had satisfied regulation 2.03AA(2) by providing the correct documentation regarding his criminal history. The Department had previously requested an 'Immigration/Citizenship Australia' certificate from the AFP, indicating that a previously provided certificate was "incorrect". A certificate meeting the specified requirements was not submitted prior to the initial decision. However, on review, the Tribunal was provided with an 'Immigration/Citizenship Australia – name check only' certificate issued by the AFP.

The Tribunal reasoned that the AFP certificate provided on review satisfied the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal found that Mr Rijal met regulation 2.03AA(2). The Tribunal determined that a hearing was not necessary, as it could make this finding based on the material before it. The Tribunal remitted the matter for reconsideration with a direction that Mr Rijal satisfies regulation 2.03AA(2), allowing a delegate of the Minister to proceed with assessing whether Mr Rijal meets PIC 4001 and the remaining criteria for the visa grant.