Surana (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant, Surana. The central dispute concerned whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by regulation 2.03AA of the Migration Regulations 1994.

The Tribunal was required to determine if the applicant had satisfied regulation 2.03AA(2)(a) by providing a statement from an appropriate authority, specifically the Australian Federal Police (AFP), concerning their criminal history in Australia. The Tribunal also considered whether a request for a completed Form 80 had been made by the delegate, which would engage regulation 2.03AA(2)(b).

The Tribunal found that the applicant had indeed provided an Immigration/Citizenship Certificate issued by the AFP, dated 17 November 2021, which stated there were no disclosable court outcomes recorded against the applicant. Consequently, the Tribunal was satisfied that the applicant had met the requirement of regulation 2.03AA(2)(a). Furthermore, the Tribunal noted there was no evidence that the delegate had requested a Form 80, rendering regulation 2.03AA(2)(b) inapplicable.

Based on these findings, the Tribunal concluded that the applicant satisfied regulation 2.03AA(2). The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA(2) for a Subclass 485 visa.