Bam (Migration)

This case concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, before the Tribunal. The applicant sought review of a decision that had effectively refused the visa. The central dispute revolved around whether the applicant had satisfied a specific criterion relating to an Australian Federal Police (AFP) check.

The Tribunal was required to determine whether the applicant had applied for an AFP police check within the 12 months immediately preceding the visa application, and crucially, whether evidence of this application had accompanied the visa application. Clause 485.213 of Schedule 2 to the Regulations stipulated that such evidence must be provided at the time of application.

The Tribunal found that the applicant had indeed applied for an AFP National Police Check on 20 March 2017, which fell within the relevant 12-month period before the visa application was lodged on 9 March 2017. While the applicant mistakenly answered "No" to a question on the application form regarding the AFP check, the Tribunal accepted the applicant's explanation that this was a "click error." The Tribunal was satisfied, based on the applicant's statement and confirmation from the Departmental file, that the AFP National Police Check clearance certificate, issued on 21 March 2017, had been attached to the visa application. Therefore, the Tribunal concluded that the applicant had satisfied the requirements of clause 485.213.

Consequently, the Tribunal remitted the application for the Skilled (Provisional) (Class VC) visa to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 485.213.