Poonam (Migration)

The Administrative Appeals Tribunal considered the case of an applicant seeking review of a decision not to grant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The central dispute revolved around whether the applicant had satisfied a mandatory requirement concerning their criminal history.

The Tribunal was required to determine whether the applicant had provided evidence of having applied to the Australian Federal Police for a criminal records check within the 12 months immediately preceding their visa application. This requirement was applicable unless the applicant was applying for a second Subclass 485 visa under specific provisions, which the applicant did not meet.

The Tribunal reasoned that the applicant had failed to satisfy clause 485.213(1) of the Migration Regulations. This clause mandates that an application for a Subclass 485 visa must be accompanied by evidence of an application to the Australian Federal Police for a criminal records check made within the 12 months prior to the visa application date. The applicant had responded "no" to this question on the application form and, despite claiming an internet issue prevented uploading evidence, ultimately conceded during the hearing that she had not applied to the Australian Federal Police for such a check. The document provided as evidence of a criminal history check was not issued by the Australian Federal Police and was obtained from a third-party website. Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of the visa.

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