Sundaresh (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant concerning the provision of evidence about their criminal history. The Tribunal, constituted by K. Chapman, was tasked with determining whether the applicant had satisfied the relevant regulatory requirements.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority in Australia that evidenced their criminal history, as required by regulation 2.03AA. Specifically, the Tribunal had to assess if the applicant had complied with a request to provide a Complete Disclosure National Police Certificate from the Australian Federal Police (AFP).

The Tribunal found that the applicant had initially provided a receipt for an AFP Certificate but failed to provide a Complete Disclosure National Police Certificate when requested by the Department. However, the applicant subsequently submitted a Complete Disclosure National Police Certificate dated 31 December 2019, issued by the AFP, which indicated no disclosable court outcomes. The Tribunal concluded that this certificate satisfied the requirement under regulation 2.03AA(2)(a), as it was a statement from an appropriate authority. As there was no evidence of a request for an approved Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal determined that the applicant satisfied regulation 2.03AA(2). The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, with a direction that the applicant meets the criteria under regulation 2.03AA(2).