Tan (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant with a criminal history. The dispute centred on whether the applicant had provided a statement from an appropriate authority regarding their criminal history, as required by the regulations.

The Tribunal was required to determine whether the applicant had satisfied regulation 2.03AA(2) of the Migration Regulations 1994. Specifically, the Tribunal had to assess if the applicant had provided a statement from an appropriate authority, in this instance, the Australian Federal Police (AFP), that evidenced whether or not they had a criminal history in a country where they resided or had resided.

The Tribunal found that the applicant had indeed provided an Immigration/Citizenship Certificate dated 16 November 2021, issued by the AFP. This certificate stated that there were no disclosable court outcomes recorded against the applicant's name. Consequently, the Tribunal concluded that the applicant had satisfied the requirement of regulation 2.03AA(2)(a). As there was no evidence that a Form 80 had been requested, regulation 2.03AA(2)(b) was not applicable.

Based on these findings, the Tribunal remitted the application for reconsideration with a direction that the applicant met the criteria under regulation 2.03AA(2).