Law (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), brought before the Tribunal. The applicant sought review of a decision concerning the character test requirements, specifically relating to an Australian Federal Police (AFP) check. The core of the dispute revolved around whether the applicant had provided sufficient evidence of having applied for an AFP check within the prescribed timeframe prior to lodging her visa application.

The Tribunal was required to determine whether the applicant had satisfied the requirements of clause 485.213 of Schedule 2 to the Migration Regulations 1994. This clause mandates that a visa application must be accompanied by evidence that the applicant, and any other person included in the application aged 16 or over, had applied for an AFP check within the 12 months immediately preceding the day the application was made. The Tribunal also had to consider the significance of the applicant providing a reference number for her AFP check request, rather than the completed check itself, as evidence of compliance.

The Tribunal reasoned that clause 485.213 did not necessitate the submission of a completed AFP check with the visa application. Instead, it required evidence that an application for such a check had been made within the specified 12-month period. The Tribunal accepted the applicant's submission that the provision of the AFP check request reference number constituted sufficient evidence that she had applied for the check within the relevant timeframe. Consequently, the Tribunal found that the applicant had satisfied clause 485.213.

Given this finding, the Tribunal remitted the application for a Skilled (Provisional) (Class VC) visa for reconsideration by the Minister. The remittal was made with the direction that the applicant met the criteria under clause 485.213 of Schedule 2 to the Regulations, allowing for the assessment of the remaining visa criteria.