1606745 (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) to affirm the refusal of a Skilled (Provisional) (Class VC) visa, also known as a Subclass 485 visa. The applicant sought to challenge the AAT's finding that she had failed to meet a specific visa criterion.

The central legal issue before the AAT was whether the applicant had satisfied clause 485.213 of the Migration Regulations 1994. This clause requires that, at the time of application, the applicant must have provided evidence of having applied for an Australian Federal Police (AFP) National Police Check within the 12 months preceding the application date.

The AAT Member, Hugh Sanderson, reasoned that the applicant had not provided any information to the Tribunal confirming she had applied for an AFP National Police Check. Furthermore, the applicant had indicated in her visa application that she had not applied for such a check. In the absence of any evidence to the contrary, the AAT concluded that the applicant had not met the requirements of clause 485.213. Consequently, the AAT affirmed the decision not to grant the visa.