Ren (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, subclass 485, made by the applicant, Ms. Ren. The dispute centred on whether the applicant had satisfied a specific visa criterion relating to an Australian Federal Police (AFP) check.

The primary legal issue before the Tribunal was to determine whether the applicant had complied with clause 485.213 of Schedule 2 to the Migration Regulations 1994. This clause requires that a visa application 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 preceding the application date.

The Tribunal reasoned that while the applicant had incorrectly answered "No" to the relevant question on the visa application form, she had nonetheless provided a reference number and date for an AFP check request. The applicant provided evidence, accepted by the Tribunal, that she had indeed applied for the AFP check on the specified date, which was prior to lodging her visa application. The Tribunal found that this information, provided on the application form itself, constituted evidence that accompanied the application, thereby satisfying clause 485.213. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under clause 485.213.