PRABHUDEVA (Migration)

This matter concerned an appeal by Hrushikesh Prabhudeva against a decision to refuse his application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The appeal was heard by Jennifer Cripps Watts of the Administrative Appeals Tribunal. The core of the dispute revolved around the applicant's failure to provide the correct documentation to satisfy the character requirements for the visa.

The primary legal issue before the Tribunal was whether the applicant had satisfied the character requirements as stipulated by the Migration Regulations 1994, specifically clause 485.213 and Public Interest Criterion 4001. This required the applicant to provide a statement from an appropriate authority, namely an Australian Federal Police (AFP) Complete Disclosure Certificate, demonstrating whether he had a criminal history. The Tribunal had to determine if the document provided by the applicant met this requirement.

The Tribunal found that the applicant had indicated in his visa application that he had applied for an AFP Check. However, when requested by the Department to provide an AFP Complete Disclosure Certificate, the applicant instead submitted a police check from a private company called InterCheck. The Tribunal noted that the applicant was informed that if he was unable to obtain the required AFP certificate, he should provide documentary evidence of a genuine attempt to do so. As the applicant failed to provide the specified AFP Complete Disclosure Certificate, he did not satisfy the character requirements for the visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa, Subclass 485.