Soundarajan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, made by the applicant. The delegate refused the visa application on the basis that the applicant had not satisfied regulation 2.03AA(2) of the Migration Regulations 1994. The applicant subsequently provided a Complete Disclosure Federal Police certificate to the Tribunal, which certified that there were no disclosable court outcomes recorded against her name.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994, which requires the applicant to provide a Complete Disclosure Certificate from the Federal Police. The Tribunal was required to determine if the evidence provided by the applicant, specifically the Complete Disclosure Federal Police certificate dated 8 July 2019, was sufficient to satisfy this criterion.

The Tribunal reasoned that the applicant had initially provided a Standard Disclosure police clearance, which was not a Complete Disclosure Certificate as requested by the delegate. However, the applicant later provided a Complete Disclosure Federal Police certificate to the Tribunal. Upon review of this certificate, which confirmed no disclosable court outcomes, the Tribunal was satisfied that the applicant met the requirements of regulation 2.03AA(2).

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The Tribunal directed that the applicant be considered to have met the criteria under regulation 2.03AA(2) for the Subclass 485 visa, allowing the Minister to assess the remaining criteria for the application.