Chen (Migration)

The Administrative Appeals Tribunal considered a decision concerning a Skilled (Provisional) (Class VC) visa, subclass 485, Graduate Work stream. The applicant sought review of the decision not to grant this visa.

The primary legal issue before the Tribunal was whether the applicant had met the requirement under clause 485.213 of the Migration Regulations 1994, which mandates that a visa application must be accompanied by evidence that the applicant, and any other person included in the application aged 16 or over, had applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding the date of the application.

The Tribunal found that the applicant lodged their visa application on 5 January 2017, answering "no" to having applied for an AFP check in the preceding 12 months and providing no documentary evidence of such an application. Although an AFP check issued on 17 March 2017 was later provided, there was no evidence it was applied for before the visa application date. Consequently, the Tribunal concluded that the applicant failed to satisfy clause 485.213, as the application was not accompanied by the required evidence of an AFP check application within the specified timeframe. As this was the sole relevant visa subclass, the Tribunal affirmed the decision not to grant the visa.