Yang (Migration)

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

The primary legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing their criminal history, as required by the regulations. Specifically, the Tribunal had to determine if the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994.

The Tribunal found that while the applicant initially provided an AFP Standard Disclosure certificate instead of the requested AFP Complete Disclosure certificate, a complete disclosure certificate dated 16 December 2019 was subsequently provided to the Tribunal. This certificate confirmed no disclosable court outcomes for the applicant. Consequently, the Tribunal concluded that the applicant had now met the requirement of providing the requested statement from the appropriate authority regarding their criminal history.

The Tribunal remitted the application for reconsideration, directing that the applicant be deemed to have met the criteria under regulation 2.03AA(2)(a) for a Subclass 485 visa.