Devi (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate), made by Seema Devi. The dispute centred on whether the applicant and her family members met the relevant visa criteria, specifically concerning character requirements and the provision of Australian Federal Police (AFP) checks for her partner. The decision was made by a member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant, Mrs Devi, met the requirements of clause 485.216(3) of the Migration Regulations 1994. This clause is contingent on whether the members of her family unit meet clause 485.313(1), which in turn requires them to satisfy PIC 4001. PIC 4001 relates to character requirements, including the provision of police certificates as stipulated by regulation 2.03AA.

The Tribunal reasoned that the initial refusal to grant the visa to Mrs Devi's partner, Amandeep Kumar, was based on the non-provision of a requested AFP check. However, the necessary checks for Mr Kumar were subsequently provided and revealed no adverse criminal history, satisfying regulation 2.03AA(2)(a) and PIC 4001. Similarly, given the young age of their son, Gavin Dhanda, the Tribunal was satisfied he also met PIC 4001. Consequently, the Tribunal found that both Mr Kumar and Master Dhanda satisfied PIC 4001 for the purposes of clause 485.313(1), and by extension, that each member of Mrs Devi's family unit met PIC 4001 for the purposes of clause 485.216(3).

The Tribunal remitted the applications for reconsideration by the Minister, directing that the second and third named applicants (Mr Kumar and Master Dhanda) satisfy PIC 4001 for the purposes of clause 485.313(1), and that each member of the family unit of the first named applicant (Mrs Devi) meets PIC 4001 for the purposes of clause 485.216(3), to allow for the assessment of the remaining visa criteria.