Wijenayaka (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 concerning their eligibility for the visa, specifically in relation to providing a criminal history statement.

The primary legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires the provision of a statement from an appropriate authority regarding the applicant's criminal history. The delegate had initially requested an AFP Complete Disclosure certificate, and the applicant had provided various documents, including an AFP Standard Disclosure certificate, an AFP Complete Disclosure certificate dated 22 November 2019, and a Police Clearance Certificate from Sri Lanka dated 2 December 2019.

The Tribunal found that the applicant had indeed provided statements from appropriate authorities. The AFP Complete Disclosure certificate indicated no disclosable court outcomes, and the Sri Lankan Police Clearance Certificate confirmed the applicant had not come to adverse notice during a specified period. Consequently, the Tribunal concluded that the applicant met the requirements of regulation 2.03AA(2)(a). The Tribunal remitted the application for reconsideration with a direction that the applicant satisfied this specific criterion.