Santeran (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), before Senior Member R. Skaros of the Tribunal. The dispute centred on whether the applicant had provided a statement from an appropriate authority demonstrating whether or not they had a criminal history.

The legal issue before the Tribunal was to determine if the applicant had satisfied the requirement under regulation 2.03AA(2)(a) of the Migration Regulations. This regulation mandates the provision of a statement from an appropriate authority regarding the applicant's criminal history.

The Tribunal reasoned that while the applicant initially provided an AFP Standard Disclosure certificate, they were subsequently requested to provide an AFP Complete Disclosure certificate. The applicant eventually provided an AFP Complete Disclosure certificate dated 2 January 2020, which stated there were no disclosable court outcomes. The Tribunal concluded that this certificate constituted the requested statement from the appropriate authority, thereby satisfying the criterion in regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.