Kaur (Migration)

The applicant, Ms Kaur, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of her application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate). The refusal was based on the applicant failing to satisfy a character requirement, specifically concerning an Australian Federal Police (AFP) check.

The central legal issue before the Federal Court was whether the AAT had erred in law by finding that the applicant had not satisfied the character requirement. This requirement stipulated that each person included in the visa application must provide an Australian National Police Certificate issued within the 12 months immediately preceding the date of the visa application, or provide other satisfactory evidence of their criminal record. The applicant had provided a standard disclosure National Police Certificate arranged by her employer, which she contended met the requirement.

The Court considered the nature of the AFP check required by the Migration Regulations. It was held that the specific type of check required was one that disclosed the applicant's criminal record, not merely a standard disclosure certificate arranged by an employer which might not be comprehensive. The AAT had correctly identified that the applicant had not provided the requisite AFP check, and therefore had not satisfied the character requirement for the visa. The Court found no error of law in the AAT's decision.

The application for judicial review was dismissed.