Sendi (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant with a criminal history. The dispute centred on whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by the regulations.

The Tribunal was required to determine whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994. Specifically, the issue was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history in a country where they resided or had resided.

The Tribunal found that the applicant had provided an Immigration/Citizenship Certificate issued by the Australian Federal Police (AFP) dated 17 November 2021. This Certificate stated that there were no disclosable court outcomes recorded against the applicant's name. The Tribunal concluded that this satisfied the requirement for a statement from an appropriate authority under regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a completed Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2).