Teo (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by an applicant who had been requested by the Department to provide a Complete Disclosure AFP National Police clearance. The applicant initially provided a Standard Disclosure certificate, which did not satisfy the Department's request.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not they had a criminal history, as required by regulation 2.03AA of the Migration Regulations 1994. The Tribunal also considered whether a request for a completed approved Form 80 had been made by the delegate.

The Tribunal reasoned that the Australian Federal Police (AFP) was the appropriate authority for the requested certificate. Upon review, the Tribunal received a National Police Certificate - Complete Disclosure dated 15 April 2019, issued by the AFP, which confirmed no disclosable court outcomes against the applicant. The Tribunal found that this satisfied regulation 2.03AA(2)(a). As there was no evidence that the delegate had requested a Form 80, regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2) and remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with the direction that the applicant met this specific criterion.