Jamelo (Migration)

The Administrative Appeals Tribunal considered the application of Jamelo for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether the applicant had met a specific visa requirement concerning Australian Federal Police (AFP) Checks.

The primary legal issue before the Tribunal was whether evidence that the applicant had applied for an AFP Check within the 12 months immediately preceding the visa application date accompanied the visa application itself, as required by Clause 485.213 of the Migration Regulations. This clause mandates that such evidence must be lodged at the time of the visa application.

The Tribunal reasoned that the applicant's online visa application, lodged on 25 December 2019, indicated no prior application for an AFP Check within the preceding 12 months. At the Tribunal hearing, the applicant confirmed this, explaining a misunderstanding of the requirements and stating she was awaiting the expiry of a previous police check. Although an AFP Check issued on 25 February 2020 was provided, it did not constitute evidence of an application made within the required timeframe and accompanying the visa lodgement. Consequently, the Tribunal found that the applicant did not satisfy Clause 485.213.

As the applicant failed to meet this essential criterion for the Subclass 485 visa, the Tribunal affirmed the decision not to grant the visa.