YOO (Migration)

This matter concerned an appeal by the applicant, YOO, against a decision to refuse a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The appeal was heard by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the character requirement under regulation 2.03AA(2) of the Migration Regulations 1994, specifically by providing a statement from an appropriate authority regarding their criminal history. The Tribunal also considered whether a requirement to provide a completed Form 80 applied.

The Tribunal found that the applicant had provided an AFP Complete Disclosure certificate, which is a statement from an appropriate authority, thereby satisfying regulation 2.03AA(2)(a). The Tribunal noted that there was no evidence that the delegate had requested the applicant to provide a completed Form 80, meaning the requirement under regulation 2.03AA(2)(b) did not apply. Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2).

The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria under regulation 2.03AA(2) for a Subclass 485 visa.