Corvera Kravzov (Migration)

This matter concerned an application for review of a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The applicant had provided an Australian Federal Police (AFP) National Police Certificate Standard Disclosure issued on 15 October 2018, which she stated she applied for after the visa refusal.

The primary legal issue before the Tribunal was whether the applicant had satisfied Clause 485.213 of Schedule 2 to the Migration Regulations. This clause requires that a visa application 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 check within the 12 months immediately preceding the date of the application.

The Tribunal considered the applicant's visa application, which contained a 'No' answer to the question regarding prior application for an AFP check, and a blank section for AFP check details. The applicant and her partner contended that the online application form was confusing and did not make it clear that the AFP check was required at the time of lodgement. However, the Tribunal found that the evidence did not demonstrate that the visa application was accompanied by the required evidence of an application for an AFP check within the specified timeframe. Consequently, the Tribunal was satisfied that the applicant did not meet the criteria under Clause 485.213, and therefore did not satisfy the requirements for the grant of a Subclass 485 visa. The Tribunal affirmed the decision not to grant the visa.