Winner (Migration)

The Administrative Appeals Tribunal considered the applications of a visa applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The dispute concerned the applicant's criminal history and the adequacy of the documentation provided to the Department of Home Affairs and subsequently to the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically in relation to the disclosure of their criminal history. The Tribunal was required to determine if the provision of a full disclosure certificate to the Tribunal, despite the absence of an Australian Federal Police (AFP) criminal history certificate to the Department, satisfied the relevant regulatory requirements.

The Tribunal found that the applicant met the criteria under regulation 2.03AA(2). It reasoned that the provision of a full disclosure certificate to the Tribunal constituted sufficient compliance for the purposes of the reconsideration. Consequently, the Tribunal remitted the applications for reconsideration with a direction that the first named applicant met the specified visa criteria.