Shahdadpuri (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to the requirement to provide a criminal history statement.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding the applicant's criminal history. The delegate had initially requested an AFP Complete Disclosure certificate, and while the applicant initially provided an AFP Standard Disclosure certificate, a Complete Disclosure certificate dated 15 October 2019 was subsequently provided to the Tribunal.

The Tribunal found that the applicant had indeed provided a statement from an appropriate authority, as the AFP Complete Disclosure certificate confirmed there were no disclosable court outcomes for the applicant. Consequently, the Tribunal concluded that the applicant met the criteria under regulation 2.03AA(2)(a). The Tribunal remitted the application for reconsideration with a direction that this criterion was met.