1917482 (Migration)

This matter concerned an appeal by an applicant for a Subclass 485 (Temporary Graduate) visa against the decision not to grant the visa. The central dispute revolved around the applicant's failure to provide evidence of an Australian Federal Police (AFP) check that met the requirements of Clause 485.213 of the Migration Regulations 1994 at the time of lodging his online application.

The primary legal issue before the Tribunal was whether the applicant had satisfied the mandatory requirement under Clause 485.213, which stipulates that a visa application must be accompanied by evidence that the applicant had applied for an AFP check within the 12 months immediately preceding the date of application. The applicant contended that the online application system was unclear regarding this requirement and that he should have been prevented from submitting the application if a mandatory document was missing, or alternatively, afforded an opportunity to provide the document after lodgement.

The Tribunal found that the applicant lodged his application on 7 June 2019, answering "no" to having applied for an AFP check in the preceding 12 months and providing no documentary evidence to the contrary. While the applicant later provided an AFP check dated 25 June 2019, the Tribunal determined this did not satisfy the timeframe stipulated in Clause 485.213, as it was not applied for within the 12 months before the visa application was made. The applicant's submissions regarding the online system's clarity and his preconceptions about the process were not accepted as overcoming the plain wording of the regulation.

Consequently, the Tribunal concluded that the applicant did not meet the criteria for the grant of a Subclass 485 visa. The decision under review, which affirmed the refusal of the visa, was therefore affirmed.