Annam v Minister for Immigration and Border Protection & Anor

This matter concerned an application by Mr Annam to the High Court of Australia, with the Minister for Immigration and Border Protection as the respondent. Mr Annam sought to challenge a decision that had resulted in the cancellation of his visa application. He contended that he had made a mistake on the application form due to a lack of knowledge and financial constraints preventing him from seeking professional migration advice at the time. He argued that he had subsequently obtained the necessary police check and other documentation, but the application was cancelled without prior notification.

The central legal issue before the Court was whether Mr Annam had satisfied the requirements of regulation 485.213 of the Migration Regulations 1994 (Cth) concerning the provision of evidence of having applied for an Australian Federal Police check within the 12 months immediately preceding the day the application was made. Mr Annam argued that he had a police check that had expired shortly before his application, and he applied for a new one the day after submitting his visa application. The Minister, through counsel, submitted that the evidence before the Tribunal and lower courts indicated that the police check was applied for the day after the visa application, and that this did not satisfy the regulatory requirement.

The Court considered the wording of regulation 485.213, which requires evidence that an applicant "had applied for an Australian Federal Police check during the 12 months immediately before the day the application is made" to accompany the application. The Minister's counsel highlighted that Mr Annam's difficulty was that he was required to provide this evidence with his application, and the police check provided was obtained the day after the visa application was lodged. The Court noted that there was no evidence that Mr Annam had been advised of the possibility of withdrawing his application and starting again. The Court also clarified with Mr Annam that he had not sought a police check within the 12 months preceding his visa application, as his previous check had expired.