Salvador (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Skilled (Provisional) (Class VC) visa, Subclass 485. The primary applicant sought to demonstrate compliance with a requirement to provide a criminal history statement, while the secondary and third applicants' eligibility was contingent on being members of the family unit of the primary applicant.

The central legal issue before the Tribunal was whether the primary 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. The Tribunal also considered the eligibility of the secondary and third applicants, whose applications had been refused on the grounds that they were not members of the family unit of the primary applicant.

The Tribunal found that while the Department had initially requested an AFP Complete Disclosure certificate and received a NSW police certificate, the primary applicant subsequently provided AFP Complete Disclosure certificates for themselves and the secondary applicant, dated February 2020. These certificates indicated no disclosable court outcomes. The Tribunal concluded that the primary applicant had now satisfied the requirement under regulation 2.03AA(2)(a). Regarding the secondary and third applicants, the Tribunal noted that their eligibility would be reconsidered by the Department upon remittal, in light of the primary applicant's successful demonstration of meeting the visa criteria.

Consequently, the Tribunal remitted the applications for Skilled (Provisional) (Class VC) visas for reconsideration. The Tribunal directed that the primary applicant met the criteria specified in regulation 2.03AA(2)(a) for a Subclass 485 visa.