weerasinghe nanayakkara appuhamilage (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Tribunal. The central dispute revolved around whether the applicant had provided a statement from an appropriate authority regarding their criminal history, specifically an Australian Federal Police (AFP) Complete Disclosure certificate that was no more than 12 months old.

The legal issue before the Tribunal was to determine if the applicant had satisfied the requirements of regulation 2.03AA(2) of the Migration Regulations 1994. This regulation mandates the provision of a statement from a relevant authority concerning the applicant's criminal history, and also considers the submission of a completed Form 80.

The Tribunal found that while an AFP Complete Disclosure Certificate dated 4 April 2018, which certified no disclosable court outcomes, predated the visa application lodged on 6 April 2018, it appeared to have been provided after a decision to refuse the visa had already been made. However, the Tribunal also noted that a copy of the same certificate, which was less than 12 months old and related to the police check provided at the time of application, was now before it. The Tribunal was satisfied that the applicant had provided the required statement from an appropriate authority and that a completed Form 80 was on the Department's file. Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2). The Tribunal remitted the application for reconsideration with the direction that the applicant met this specific criterion.