Tseveleva (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought by Ms. Tseveleva. The central dispute revolved around whether the applicant had provided a "complete disclosure" Australian Federal Police check for criminal records, as required by the relevant migration regulations. The decision was made by Member Warren Stooke AM of the Tribunal.

The primary legal issue before the Tribunal was to determine if the applicant had satisfied clause 485.213 of Schedule 2 to the Regulations. This clause mandates that a visa application must be accompanied by evidence that the applicant, and any other person included in the application aged 16 or over, had applied for an Australian Federal Police check within the 12 months preceding the application date.

The Tribunal found that on 3 August 2019, the applicant provided a "complete disclosure" Australian Federal Police check dated 3 August 2019. Consequently, the Tribunal concluded that the applicant met the requirements of clause 485.213. In light of this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration, with a direction that the applicant met both clause 485.213 and clause 485.216 of Schedule 2 to the Regulations.