Verman (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The central dispute revolved around whether the applicant had satisfied the character test requirements, specifically by providing a statement from an appropriate authority regarding their criminal history.

The Tribunal was required to determine whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as stipulated by regulation 2.03AA of the Migration Regulations 1994. The applicant had initially provided a National Crime Check certificate when a Complete Disclosure AFP National Police Certificate had been requested by the Department.

The Tribunal found that the delegate had indeed requested a Complete Disclosure certificate from the Australian Federal Police (AFP), which is considered an appropriate authority for this purpose. While the applicant initially failed to provide the requested document, a Complete Disclosure certificate dated 21 June 2019, issued by the AFP, was subsequently provided on review. This certificate confirmed no disclosable court outcomes against the applicant's name, thereby satisfying regulation 2.03AA(2)(a). The Tribunal also noted that there was no evidence of a request for an approved Form 80, so regulation 2.03AA(2)(b) was not applicable.

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