Bedi (Migration)

The applicant, Bedi, sought review of a decision by the Department of Home Affairs to refuse a Skilled (Provisional) (Class VC) visa, subclass 485. The matter came before the Administrative Appeals Tribunal, with Member Antonio Dronjic presiding.

The central legal issue before the Tribunal was whether the applicant had satisfied the requirements of clause 485.213 of the Migration Regulations 1994. Specifically, the Tribunal had to determine if the applicant had provided evidence that they had applied for an Australian Federal Police check within the 12 months immediately preceding the date of their visa application.

Member Dronjic found, based on the evidence presented, including oral testimony at the hearing, that the applicant had not demonstrated they had applied for the requisite Australian Federal Police check within the specified 12-month period prior to lodging their visa application. Consequently, the Tribunal concluded that the applicant did not meet the criteria stipulated in clause 485.213.

The Tribunal affirmed the decision made by the Department of Home Affairs.