Bhullar (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, subclass 485. The applicant, Mr. Bhullar, sought review of a decision by the Department of Home Affairs to refuse his visa application. The core of the dispute concerned whether the applicant had satisfied a specific visa requirement.

The Tribunal was required to determine whether the applicant had provided evidence that he had applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding the date his visa application was made. This requirement was stipulated by clause 485.213 of the Migration Regulations.

The Member, Antonio Dronjic, found, based on the evidence presented, including the applicant's oral evidence, that the applicant had not demonstrated that he had applied for an AFP check within the relevant 12-month period. Consequently, the Tribunal concluded that the applicant did not meet the requirements of clause 485.213.

The Tribunal affirmed the decision made by the Department of Home Affairs to refuse the visa application.