Usman (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, by the applicant, Usman. The primary dispute revolved around whether the applicant had satisfied the character requirements for the visa, specifically Public Interest Criterion (PIC) 4001, as supplemented by Regulation 2.03AA of the Migration Regulations 1994. The decision was made by Roslyn Smidt, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had met the criteria prescribed by Regulation 2.03AA, which requires the provision of specific documents if requested by the Minister. This regulation is engaged when a visa applicant is required to satisfy PIC 4001 or PIC 4002. Specifically, the Tribunal had to determine if the applicant had provided a statement from an appropriate authority regarding their criminal history and a completed approved form 80, as stipulated by Regulation 2.03AA(2).

The Tribunal found that the applicant had initially provided a partial disclosure Australian Federal Police certificate. The Department had requested a "Complete Disclosure Australian Federal Police clearance," which was not provided before the initial decision. However, on review, the applicant submitted a Complete Disclosure National Police Certificate dated 8 May 2019, which confirmed no disclosable court outcomes. The Tribunal concluded that by providing this certificate, the applicant had complied with the requirement under Regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the matter for reconsideration, directing that the applicant was to be considered as meeting the criteria under Regulation 2.03AA, allowing the delegate to then assess PIC 4001 and clause 485.216.