Huang (Migration)

The Administrative Appeals Tribunal considered an application for review of a decision made by the Department of Home Affairs concerning a Subclass 485 (Temporary Graduate) visa. The applicant, Mr. Huang, sought to have the Department's decision affirmed.

The primary legal issue before the Tribunal was whether Mr. Huang had met the requirements of clause 485.213 of the Migration Regulations 1994. This clause mandates that an applicant for a Subclass 485 visa must provide evidence that they applied for an Australian Federal Police (AFP) criminal records check within the 12 months immediately preceding the day the visa application was made.

The Tribunal, having considered the evidence presented, including oral testimony, was not satisfied that Mr. Huang had provided the requisite evidence of applying for an AFP check within the specified timeframe. Consequently, the Tribunal found that Mr. Huang did not meet the criteria stipulated in clause 485.213.

Accordingly, the Tribunal affirmed the decision made by the Department of Home Affairs.