1602202 (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa. The applicant sought review of a decision not to grant the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.213 of the Migration Regulations 1994. This clause requires that at the time of application, the applicant must provide evidence of having applied for an Australian Federal Police check within the 12 months preceding the application date.

The Tribunal found that the applicant lodged their visa application on 1 September 2015. The Australian Federal Police check certificate provided was dated 29 December 2015, which was more than three months after the visa application was made. The applicant admitted to applying for the AFP check only after lodging the visa application. Consequently, the Tribunal determined that the applicant failed to provide the required evidence at the time of application, thus not meeting the criteria for the Subclass 485 visa. The Tribunal affirmed the decision not to grant the visa.