Pham (Migration)

The Administrative Appeals Tribunal considered the case of Ms. Pham concerning her application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The primary dispute revolved around whether Ms. Pham had met the character requirements for the visa, specifically regarding the provision of an Australian Federal Police (AFP) check.

The Tribunal was required to determine whether Ms. Pham had satisfied the character requirements stipulated by regulation 2.03AA of the Migration Regulations 1994. This involved assessing whether she had applied for an AFP check within the 12 months preceding her visa application and whether the documentation she provided constituted sufficient evidence of her character in accordance with the Minister's ability to request statements from appropriate authorities.

The Tribunal found that while Ms. Pham had provided a National Police Certificate from the New South Wales Police, this did not satisfy the requirement for an AFP check. The Tribunal accepted that Ms. Pham's misrepresentation was a "careless mistake" rather than intentional deception, as she mistakenly believed she was applying through the AFP website when she had in fact used the New South Wales Police website. Despite being subsequently requested by the delegate to provide the correct AFP check, Ms. Pham again submitted the New South Wales Police check. Consequently, the Tribunal concluded that Ms. Pham had not met the criteria for the grant of a Subclass 485 visa.

The Tribunal affirmed the decision not to grant Ms. Pham the Skilled (Provisional) (Class VC) visa.