Subaraj (Migration)

This matter concerned an application for review by a Singaporean citizen of a decision by the Department of Home Affairs to refuse him a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The applicant sought review before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994 (Cth), which requires an applicant to provide a statement from a relevant authority regarding their criminal history if requested. The applicant had been refused the visa because he had not provided an Australian Federal Police (AFP) National Police Certificate/Immigration Citizenship certificate to the original decision-maker.

Member Nathan Goetz reasoned that the applicant had, in fact, provided a statement from an appropriate authority. Upon review, the applicant submitted a document dated 29 February 2024 issued by the AFP, titled "Immigration/Citizenship – Australian Name Check Only," which indicated no disclosable court outcomes. The Tribunal accepted that the failure to provide this document to the initial delegate was an oversight by the applicant. Consequently, the Tribunal concluded that the applicant satisfied regulation 2.03AA(2)(a).

The Tribunal set aside the delegate's decision and remitted the visa application back to the delegate for reconsideration, with a direction that the applicant satisfied regulation 2.03AA(2).