KAZMI (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a Skilled (Provisional) (Class VC) visa, Subclass 485. The applicant sought review of a decision to refuse their visa application, which was based on failing to meet character requirements.

The primary legal issue before the Tribunal was whether the applicant had satisfied the character requirements for a Subclass 485 visa, specifically concerning the provision of an Australian Federal Police (AFP) check. Clause 485.213 of Schedule 2 to the Migration Regulations required that a visa application be accompanied by evidence that the applicant had applied for an AFP check within the 12 months preceding the application. The Tribunal also considered clause 485.216 and Public Interest Criterion 4001, which relate to character tests and the requirement for a statement from an appropriate authority regarding criminal history.

The Tribunal found that while the applicant indicated on their visa application that they had applied for an AFP check on 3 January 2018, the evidence provided was a payment receipt for a New South Wales Police Force check, not an AFP National Police Check as requested by the Department. The Department had specifically requested a "Complete Disclosure AFP National Police Certificate" and advised the applicant that failure to provide this could lead to refusal. The Tribunal concluded that the applicant had not provided the required statement from an appropriate authority, and therefore did not satisfy the criteria for the visa.

Consequently, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.