Wright (Migration)

This matter concerned an application for a Temporary Skill Shortage (Provisional) (Class GK) visa, Subclass 482. The applicant sought review of a decision that she did not meet the requirements of regulation 2.03AA of the Migration Regulations 1994. The core of the dispute revolved around the provision of documentation relating to the applicant's criminal history, specifically an Australian Federal Police (AFP) National Police Certificate and a UK police certificate.

The legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2), which mandates the provision of requested documentation or information about an applicant's criminal history, including a statement from an appropriate authority in any country where the person has resided. This regulation is triggered when an applicant is required to satisfy Public Interest Criterion 4001 for the grant of a visa, as was the case here. The delegate had previously found that the applicant had not met this criterion because the requested AFP clearance was not provided before the initial decision was made.

The Tribunal reasoned that while the delegate had requested the AFP clearance, and it was not initially provided, the applicant had subsequently provided a photograph of an AFP certificate dated 6 July 2021, confirming no disclosable court outcomes. Furthermore, after several requests for extensions, the applicant also provided a photograph of a UK police certificate dated 8 October 2021, indicating no recorded convictions, cautions, or warnings. As the applicant had now complied with the requests for both the AFP and UK police certificates, the Tribunal found that she satisfied the criterion in regulation 2.03AA(2)(a).

Consequently, the Tribunal remitted the matter with a direction that the applicant satisfies regulation 2.03AA. This enabled the Minister to proceed with considering whether the applicant met the remaining criteria for the grant of the Subclass 482 visa, specifically clause 482.217.