Huang (Migration)

[2020] AATA 3798

Huang (Migration) [2020] AATA 3798 (30 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Zhendong Huang

CASE NUMBER:  2000729

DIBP REFERENCE(S):  BCC2019/5030143

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:         30 June 2020 at 2:56 pm (VIC time)

DATE OF WRITTEN RECORD:                6 July 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 06 July 2020 at 9:58am

CATCHWORDS

MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – evidence about criminal history – Australian Federal Police criminal records check provided after review application – decision under review affirmed          

LEGISLATION

Migration Act 1958, s 65
Migration Regulations 1994, Schedule 2, 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 30 December 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 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 16 January 2020, for review of the delegate’s decision. With his application, the applicant submitted a copy of the primary decision record according to which:

   On 8 October 2019, the applicant lodged an online application for a Subclass 485 visa and in the application form indicated that he did not apply to the Australian Federal Police for a check of criminal records in the last 12 months.

4. On 22 January 2020, the applicant provided to the Tribunal AFP check dated 15 January 2020.

5. In his evidence, the applicant confirmed that that he applied for the AFP Clearance on 13 January 2020 and that his application for subclass 485 visa was lodged with the Department on 8 October 2019.

6. At the hearing on 30 June 2020, 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

7. Based on the evidence before me, including your oral evidence given today, I am not satisfied that, when the application was made, it was accompanied by evidence that you applied for an Australian Federal Police check during the 12 months immediately before the day the application is made. For that reason I find that you do not meet the requirements of cl.485.213 and I affirm the decision made by the Department.

   DECISION

8. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member