Sunda (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa. The applicant sought reconsideration of a decision by the Department, which had not been satisfied that the applicant met a specific regulatory requirement. The core dispute concerned whether the applicant had provided a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations, which mandates the provision of a statement from an appropriate authority concerning a person's criminal history. The applicant had initially failed to provide the requested AFP National Complete Disclosure Certificate to the Department, leading to the delegate's dissatisfaction. However, the applicant subsequently provided a certificate to the Tribunal, which indicated charges for serious offences.

The Tribunal reasoned that the sole issue before it was whether the applicant had provided the required statement from the appropriate authority. It noted that while the charges raised character concerns, the assessment of character requirements was not within its purview. As the applicant had now provided the AFP National Complete Disclosure Certificate, the Tribunal concluded that regulation 2.03AA(2)(a) had been met. Consequently, the Tribunal remitted the application to the Department for further assessment and determination of the remaining visa requirements.