AAT Case Number 2312065

Relevance of Police Check for 485 Visa

The issue in the present case is whether the applicant meets reg 2.03AA. This criterion
requires an applicant to provide requested documentation or information relating to the
applicant’s criminal history.

The Department wrote to the applicant requesting police clearance certificates for each
country in which he had lived for 12 months or more, over the last 10 years, since turning 16
years of age. The applicant provided an Immigration/Citizenship check from the AFP before
but not one from Mongolia before the decision was made.

After making the application for review, the applicant has since provided a copy of a
Reference on Civil Criminal Records issued by the National Police Agency of Mongolia
issued on 1 September 2023 stating that there are no records in respect of the applicant.

As the applicant has now complied with the request to provide evidence of police clearance
certificates of the kind requested, the Tribunal finds that the applicant satisfies the criterion in
reg 2.03AA(2)(a).

As the requested documents have been provided on review, the delegate is now able to
assess whether the applicant meets PIC 4001.

The Tribunal remits the matter with a direction that the applicant satisfies reg 2.03AA. The
Minister is now in a position to undertake consideration of whether the applicant meets cl
485.216 and the remaining criteria for the grant of a Subclass 485 visa.

Written by Ross Ahmadzai

26 Sep, 2023

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