Trinh (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant, Trinh. The dispute concerned whether the applicant had satisfied a regulatory requirement to provide a statement from an appropriate authority regarding their criminal history.

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations. This involved determining the adequacy of the documentation provided by the applicant, specifically AFP disclosure certificates.

The Tribunal reasoned that the applicant had initially provided an AFP Standard Disclosure certificate, which was deemed insufficient by the delegate. However, the applicant subsequently provided an AFP Complete Disclosure certificate dated 10 December 2019. This certificate stated that there were no disclosable court outcomes for the applicant. The Tribunal concluded that this document constituted a statement from an appropriate authority and therefore satisfied the requirements of regulation 2.03AA(2)(a).

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