Salonga (Migration)

The Administrative Appeals Tribunal considered the applications of three individuals for a Temporary Skill Shortage (Provisional) (Class GK) visa, Subclass 482. The primary dispute concerned whether the first applicant had satisfied a requirement related to their criminal history, specifically by providing a statement from an appropriate authority. The second and third applicants sought their visas as members of the family unit of the first applicant.

The central legal issue before the Tribunal was whether the first applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. This requirement was a condition for the grant of the Subclass 482 visa.

The Tribunal reasoned that the Department had requested a Philippines police clearance certificate issued by the National Bureau of Investigation. Upon review, the Tribunal found that such a certificate had been provided for the first and second named applicants on 9 September 2024. Consequently, the Tribunal concluded that the first applicant had met the criteria under regulation 2.03AA(2)(a).

The Tribunal remitted the applications for GK – Temporary Skill Shortage (Class GK) visas for reconsideration. The delegate was directed to consider the first applicant as meeting the criteria under regulation 2.03AA(2). The applications of the second and third applicants were also remitted for reconsideration, with the delegate to take into account this direction regarding the first applicant's eligibility.