Zou (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, made by the applicant. The delegate refused to grant the visa on the basis that the applicant had failed to provide an Australian Federal Police Immigration/Citizenship Certificate when requested, thereby not satisfying regulation 2.03AA(2)(a) of the Migration Regulations 1994 (Cth). The applicant sought merits review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA(2)(a) of the Migration Regulations 1994. This regulation mandates that an applicant provide a statement from a relevant authority regarding their criminal history if requested by the delegate. The delegate had requested such a certificate, which the applicant failed to provide within the stipulated timeframe, leading to the refusal.

The Tribunal found that the applicant had, in fact, provided a statement from an appropriate authority. Although the Australian Federal Police Immigration/Citizenship Certificate dated 16 March 2024 was not submitted to the delegate during the initial assessment, it was included with the application for merits review. The Tribunal concluded that this certificate demonstrated the applicant had met the requirement of regulation 2.03AA(2)(a). Consequently, the Tribunal set aside the delegate's decision and remitted the application for reconsideration, directing that the applicant be taken to have met regulation 2.03AA(2).