Bhullar (Migration)

[2018] AATA 3831

Bhullar (Migration) [2018] AATA 3831 (15 May 2018)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Miss Mandeep Kaur Bhullar

CASE NUMBER:  1722504

DIBP REFERENCE(S):  BCC2017/2916944

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:          15 May 2018 at 11:02 am (WA time)

DATE OF WRITTEN RECORD:                1 August 2018

PLACE OF DECISION:  Perth

DECISION:The Tribunal affirms the decision under review.

Statement made on 01 August 2018 at 2:39pm

CATCHWORDS
Migration – Skilled (Provisional) (Class VC) visa – Subclass 485 – Applicant didn’t apply for an AFP check during12 months immediately before the date the application was made – Decision under review affirmed

LEGISLATION
Migration Act 1958, s 65
Migration Regulations 1994, cl 485.213

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 18 September 2017 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. At the hearing on 15 May 2018, 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

3. Based on the evidence that I have before me, including your oral evidence, I am not satisfied that, when the application was made, it was accompanied by the evidence that you have applied for an 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

4. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member