Bedi (Migration)

[2019] AATA 4943

Bedi (Migration) [2019] AATA 4943 (7 November 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Kartik Bedi

CASE NUMBER:  1911003

DIBP REFERENCE(S):  BCC2019/108449

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:          7 November 2019 at 10:46 am (VIC time)

DATE OF WRITTEN RECORD:                7 November 2019

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 07 November 2019 at 4:24pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485  – applied for Australian Federal Police check after visa application made – no check within 12 months before application – decision under review affirmed

LEGISLATION

Migration Regulations 1994 (Cth), Schedule 2, cl 485.213

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 378 of the Migration Act 1958 and replaced with generic information.

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 18 April 2019 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. The delegate refused to grant the visa because the applicant did not satisfy cl.485.213 of Schedule 2 to the Regulations because, when the visa application was made, it was not accompanied by evidence that the applicant, and each person included in the application who is at least 16, had applied for an Australian Federal Police (AFP) check during the 12 months immediately before the day the application was made.

3. The applicant applied to the Tribunal on 2 May 2019, for review of the delegate’s decision. With his application, the applicant submitted a copy of the primary decision record according to which:

   ·The applicant lodged an application for a Temporary Graduate (Post-Study Work) visa on 20 January 2019 and declared in the application form that he did not apply for an Australian Federal Police check in the last 12 months; and

   ·On 25 January 2019, the applicant attached a receipt for an Australian Federal Police check. The receipt confirmed that the date of check was 25 January 2019, which is not during the 12 months immediately before the day the application was made.

4. In his evidence, the applicant confirmed that that he applied for the AFP Clearance after he lodged the application for a Subclass 485 visa with the Department on 20 January 2019.

5. At the hearing on 7 November 2019 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

6. Based on the evidence before me, including your oral evidence given today at the hearing, I am not satisfied that, at the time when the application was made, it was accompanied by the evidence that you have applied for the Australian Federal Police check during the 12 months immediately before the date the application was made.  For that reason I find that you do not meet the requirements of clause 485.213 and I am affirming the decision made by the Department.

   DECISION

7. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member