WEAVIL (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Administrative Appeals Tribunal. The applicant sought review of a decision to refuse her visa application.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not she had a criminal history, as required by the Migration Regulations. The Department had initially refused the application because the applicant had not provided an Australian Federal Police (AFP) clearance within the specified period.

The Tribunal found that the applicant had subsequently provided an AFP Complete Disclosure certificate, issued on 30 January 2020, which indicated no disclosable criminal history outcomes. Consequently, the Tribunal concluded that the applicant had now satisfied the requirement under regulation 2.03AA(2)(a) of the Migration Regulations.

The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under regulation 2.03AA(2)(a) for a Subclass 485 visa.