VARSANI (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, Temporary Graduate (Post-Study Work) stream. The applicant sought review of a decision concerning the assessment of their character, specifically whether they had met the requirement to provide an Australian Federal Police (AFP) check.

The primary legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.213 and clause 485.216 of Schedule 2 to the Migration Regulations 1994. Clause 485.213 mandates that a visa application must be accompanied by evidence that the applicant, if aged 16 or over, had applied for an AFP check within the 12 months preceding the application date. Clause 485.216 requires the applicant to satisfy public interest criterion 4001, which in turn requires passing the character test.

The Tribunal found that the applicant had provided a valid AFP National Police Certificate dated 7 August 2018, which was obtained within the 12 months immediately preceding the date of the visa application. The Tribunal was satisfied that the applicant had met the requirements of subregulation 2.03AA(2) and therefore satisfied clauses 485.213 and 485.216. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration of the remaining criteria.