Truong (Migration)

This matter concerned an application for review of a decision regarding a Subclass 188 Business Innovation and Investment (Provisional) visa. The applicant had initially failed to provide requested documentation relating to their criminal history, specifically an AFP Certificate for Immigration/Citizenship and a Vietnam Criminal Records Certificate No 2, to the Department before the original decision was made. The Administrative Appeals Tribunal, constituted by Wan Shum, considered the applicant's compliance with these requirements upon review.

The primary legal issue before the Tribunal was whether the applicant met the requirements of regulation 2.03AA of the Migration Regulations 1994. This regulation mandates the provision of requested information concerning an applicant's criminal history. The Tribunal was required to determine if the applicant had now satisfied this criterion, given that the previously outstanding documents were provided during the review process.

The Tribunal reasoned that as the applicant had now provided the AFP Certificate for Immigration/Citizenship and the Vietnam Criminal Records Certificate No 2, they had complied with the request for evidence of police clearance from countries of residence. Consequently, the Tribunal found that the applicant satisfied regulation 2.03AA(2)(a). The Tribunal concluded that with these documents now available, the delegate could proceed to assess whether the applicant met Public Interest Criterion 4001 for the purposes of clause 188.213(1) of the Migration Regulations.

The Tribunal remitted the applications for Business Skills (Provisional) visas for reconsideration. The direction given was that the first named applicant met the criteria under regulation 2.03AA(2) of the Migration Regulations.