DHIMAN (Migration)

The Administrative Appeals Tribunal considered an appeal by DHIMAN concerning a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The central dispute revolved around whether the applicant had provided the appropriate Australian Federal Police (AFP) check as required by the migration regulations.

The Tribunal was required to determine whether the applicant had satisfied clause 485.213 of Schedule 2 to the Regulations, which mandates that an applicant for this visa must have applied for an AFP check within the 12 months immediately preceding the visa application. The applicant had initially provided a "Standard Disclosure" Police Certificate, and despite a request from the delegate for a "Complete Disclosure" check, submitted another "Standard Disclosure" certificate. The delegate had refused the visa on the basis that the applicant had not applied for the "appropriate" AFP clearance.

The Tribunal reasoned that while the Department of Home Affairs requires a "Complete Disclosure" check, clause 485.213 itself does not specify that the AFP check must be of the "complete disclosure" type. The applicant had indeed applied for an AFP check of criminal records within the relevant 12-month period. Therefore, the Tribunal found that the applicant had satisfied the requirements of clause 485.213. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant met the criteria under clause 485.213.