Zanetti (Migration)

This matter concerned an appeal by an applicant for a Skilled (Provisional) (Class VC) visa, Subclass 485, against the refusal of their application. The primary dispute revolved around whether the applicant had satisfied the requirements of clause 485.213 of the Migration Regulations 1994.

The central legal issue before the Tribunal was whether the applicant had met the mandatory requirement under cl.485.213, which stipulates 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 (AFP) check within the 12 months preceding the application date. The applicant had answered "No" to the relevant question on the application form, and the delegate refused the visa on this basis.

The Tribunal acknowledged the applicant's academic achievements in Australia, their relationship with an Australian partner, and the character references provided. However, the Tribunal found that these factors could not overcome the failure to comply with cl.485.213. The Tribunal held that it had no discretion in this matter and that the applicant had not provided the requisite evidence of an AFP check application at the time of lodging the visa application. Consequently, the applicant did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the delegate's decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.