Basnet (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal (Migration and Refugee Division) regarding a Skilled (Provisional) (Class VC) visa, Subclass 485. The applicant sought review of a decision not to grant her the visa.

The primary legal issue before the Tribunal was whether the applicant had complied with Clause 485.213 of the Migration Regulations 1994. This clause mandates that a visa application must be accompanied by evidence that the applicant, and any other person included in the application aged 16 or over, had applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding the date of the visa application.

The Tribunal found that the applicant had failed to meet this requirement. The visa application was lodged on 30 November 2018, but the applicant admitted at the hearing that she had not applied for an AFP check prior to lodging her application, stating she was unaware it was a mandatory requirement. The applicant subsequently obtained an AFP check dated 21 January 2019, which was after the visa had been refused. Despite the applicant's assertions regarding perceived difficulties with the online application form, the Tribunal concluded that the plain wording of Clause 485.213 required the application for the AFP check to precede the visa application.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa. The Tribunal also noted that the applicant could pursue a direct request to the Department for Ministerial intervention if she wished.