WU (Migration)

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

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority that evidenced whether or not they had a criminal history, as required by regulation 2.03AA(2)(a) of the Migration Regulations 1994. The original visa application was made on 7 March 2019, and the delegate requested an Australian Federal Police (AFP) Check within 28 days. The visa was refused on 6 June 2019, and the applicant subsequently applied for review, providing a copy of the AFP Check dated 5 March 2019 to the Tribunal.

The Tribunal considered the documentary evidence, including the AFP Check dated 5 March 2019, and was satisfied that the applicant had provided evidence of having applied for and been issued with this check. Consequently, the Tribunal found that the applicant had met the requirement under regulation 2.03AA(2)(a).

The Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa, Subclass 485, for reconsideration, with the direction that the applicant met the criteria under regulation 2.03AA(2)(a).