Umeji (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by the applicant. The dispute arose when the Department of Home Affairs refused the application on the grounds that the applicant had failed to provide a requested AFP Complete Disclosure certificate within the specified timeframe.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirement under regulation 2.03AA(2)(a) of the Migration Regulations 1994, which mandates the provision of a statement from an appropriate authority regarding any criminal history. The Tribunal was required to determine if the documentation ultimately provided by the applicant constituted compliance with this regulation.

The Tribunal reasoned that although the applicant initially provided only a receipt for an AFP Veritas Check and failed to submit the requested AFP Complete Disclosure certificate by the delegate's deadline, a copy of the AFP Complete Disclosure certificate dated 21 January 2020 was subsequently provided to the Tribunal. This certificate confirmed that the applicant had no disclosable court outcomes. The Tribunal concluded that the applicant had now provided the requested statement from the appropriate authority, thereby meeting the criteria of regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the applications for the Skilled (Provisional) (Class VC) visa for reconsideration, with a direction that the applicant meets the criteria specified in regulation 2.03AA(2)(a).