Zatakia (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 decision concerning their eligibility, specifically in relation to providing a criminal history statement.

The central legal issue before the Tribunal was whether the applicant had satisfied regulation 2.03AA(2)(a) of the Migration Regulations 1994, which requires the provision of a statement from an appropriate authority regarding any criminal history. The applicant had initially failed to provide an Australian Federal Police (AFP) Complete Disclosure certificate to the original delegate, but subsequently provided a certificate dated 1 July 2019 to the Tribunal. This certificate stated that there were no disclosable court outcomes for the applicant.

The Tribunal, constituted by Senior Member R. Skaros, found that the AFP Complete Disclosure certificate constituted a statement from an appropriate authority and therefore satisfied the requirements of regulation 2.03AA(2)(a). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met this specific criterion.