SHARMA (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), which was refused by the delegate. The applicant sought merits review of this decision before the Tribunal. The Tribunal, constituted by Jennifer Cripps Watts, considered whether the applicant met the criteria for the visa, specifically focusing on the character test requirements.

The central legal issue before the Tribunal was whether the applicant satisfied clause 485.213 of the Migration Regulations 1994, which pertains to providing a statement from an appropriate authority regarding character. This clause requires that such a statement must have been applied for within the 12 months immediately preceding the visa application. The Tribunal also considered the delegate's finding that the applicant failed to satisfy clause 485.216 and that it was not reasonable for the applicant not to provide the correct police check, thus not meeting regulation 2.03AA(2)(a).

The Tribunal reasoned that while the applicant had provided various police certificates, including an AFP Standard Disclosure clearance and an AFP Complete Disclosure clearance, none of these were applied for within the 12-month period prior to the visa application lodged on 7 February 2019. The evidence indicated that the AFP Check provided to the Tribunal was applied for on 11 May 2019, after the visa application date. Therefore, the applicant failed to meet the requirements of clause 485.213.

Consequently, the Tribunal affirmed the delegate's decision to refuse the visa.