Ten Have (Migration)

The Administrative Appeals Tribunal considered the case of Ten Have concerning an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The central dispute revolved around whether the applicant had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding their criminal history.

The primary legal issue before the Tribunal was to determine if the applicant had furnished a statement from an appropriate authority that evidenced whether or not they possessed a criminal history, as required by the relevant regulations. The Tribunal also considered whether a request for a completed Form 80 had been made by the delegate, as this was a potential alternative or supplementary requirement.

The Tribunal found that the applicant had provided an Australian Federal Police Complete Disclosure certificate dated 10 July 2019, which stated there were no disclosable court outcomes recorded against them. Consequently, the Tribunal was satisfied that the applicant had met the requirement of providing a statement from an appropriate authority under regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a completed Form 80, the Tribunal concluded that the requirement under regulation 2.03AA(2)(b) did not apply. Based on these findings, the Tribunal determined that the applicant met regulation 2.03AA(2).

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