Singh (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Tribunal. The central dispute revolved around whether the applicant had satisfied the requirements of clause 485.216(1) of Schedule 2 to the Regulations, specifically in relation to Public Interest Criterion (PIC) 4001.

The Tribunal was required to determine if the applicant met the criteria stipulated by regulation 2.03AA for the purpose of PIC 4001. This involved assessing whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as contemplated by regulation 2.03AA(2)(a). The delegate's decision had noted a failure to provide the certificate, despite a request.

The Tribunal reasoned that the applicant had subsequently provided an Australian Federal Police (AFP) National Police Certificate dated 9 November 2023. This certificate offered evidence of the applicant's criminal history in Australia. Consequently, the Tribunal concluded that the applicant satisfied regulation 2.03AA(2)(a) for the purpose of PIC 4001 and clause 485.216(1).

Given this finding, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that the applicant met the specified criteria.