Yuan (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485. The applicant sought review of a decision by the Department of Home Affairs. The Tribunal, constituted by Antonio Dronjic, considered whether the applicant had satisfied the requirements of regulation 2.03AA of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had provided a statement from an appropriate authority evidencing whether or not they had a criminal history, as required by regulation 2.03AA(2)(a). The Tribunal also considered whether a request for an approved Form 80 had been made, which would engage regulation 2.03AA(2)(b).

The Tribunal noted that the Department had initially requested the applicant provide an AFP Complete Disclosure certificate. On review, the applicant provided a National Police Certificate - Complete Disclosure dated 12 January 2022, issued by the AFP, which stated there were no disclosable court outcomes recorded against the applicant. The Tribunal found that this satisfied regulation 2.03AA(2)(a). Furthermore, the Tribunal found no evidence that the delegate had requested an approved Form 80, meaning regulation 2.03AA(2)(b) was not applicable.

Consequently, the Tribunal concluded that the applicant met regulation 2.03AA(2) and remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration, with a direction that the applicant had met the criteria under regulation 2.03AA(2).