Singh (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Mr. Singh. The dispute concerned whether Mr. Singh had provided sufficient evidence regarding his criminal history to satisfy the requirements of the Migration Regulations.

The Tribunal was required to determine whether Mr. Singh had provided a statement from an appropriate authority in Australia that evidenced whether or not he had a criminal history, as stipulated by regulation 2.03AA of the Migration Regulations. Specifically, the Tribunal had to assess if the applicant had satisfied regulation 2.03AA(2)(a) by providing a certificate from the Australian Federal Police (AFP) concerning his criminal record.

The Tribunal found that the delegate had requested an Immigration/Citizenship Certificate from the AFP. Mr. Singh subsequently provided a certificate dated 15 November 2021, issued by the AFP, which stated there were no disclosable court outcomes recorded against his name. The Tribunal concluded that this certificate satisfied the requirement of regulation 2.03AA(2)(a). As there was no evidence that a Form 80 had been requested, regulation 2.03AA(2)(b) was not applicable. Therefore, the Tribunal determined that Mr. Singh satisfied regulation 2.03AA(2).

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, with the direction that the applicant met the criteria under regulation 2.03AA(2).