Ye (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, before the Administrative Appeals Tribunal. The applicant sought review of a decision relating to their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the character requirements as stipulated by clause 485.216 of Schedule 2 to the *Migration Regulations 1994* (Cth). This clause requires applicants to satisfy the character test, which often involves providing statements from appropriate authorities.

The Tribunal considered an Australian Federal Police (AFP) Complete Disclosure Certificate provided by the applicant, dated 29 October 2021. This certificate indicated no disclosable court outcomes recorded against the applicant. Based on this evidence, the Tribunal found that the applicant satisfied the criterion in clause 485.216. Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant had met the character requirement.