SUN (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking a Skilled (Provisional) (Class VC) visa, Subclass 485. The dispute arose when the Department refused the applicant's visa application because she failed to provide an Australian Federal Police (AFP) Complete Disclosure certificate within the requested timeframe. The applicant subsequently provided this certificate to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement under 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 Department had requested this certificate on 7 December 2019, and the applicant's failure to provide it led to the initial refusal.

The Tribunal reasoned that the applicant had, by the time of the Tribunal's hearing, provided the necessary AFP Complete Disclosure certificate, dated 30 January 2020. This certificate confirmed that the applicant had no disclosable court outcomes. Consequently, the Tribunal found that the applicant had now met the requirement of regulation 2.03AA(2)(a).

The Tribunal's decision was to remit the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration. The reconsideration was to proceed with the direction that the applicant had met the criteria specified in regulation 2.03AA(2)(a).