Huang (Migration)

The Administrative Appeals Tribunal considered a decision concerning an applicant for a Skilled (Provisional) (Class VC) visa, subclass 485. The central dispute revolved around the applicant's failure to provide evidence of an Australian Federal Police (AFP) check obtained within the 12 months immediately preceding the visa application.

The Tribunal was required to determine whether the applicant had satisfied 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 AFP check within the 12 months prior to the application date. The applicant had lodged his application online, answered negatively to having applied for an AFP check in the preceding 12 months, and provided no documentary evidence to that effect at the time of application.

The Tribunal found that the applicant did not apply for an AFP check within the specified 12-month period. While the applicant later provided an AFP check issued after the application date, this did not satisfy the requirement as there was no evidence it was applied for within the prescribed timeframe. The Tribunal acknowledged the applicant's personal circumstances, including family illness and death, which disrupted his plans, and his dismay at the oversight. However, the Tribunal concluded that it was bound by the clear wording of clause 485.213 and had no power to waive or overlook this requirement, even in light of compassionate circumstances.

Consequently, the Tribunal found that the applicant did not meet the criteria for the grant of a subclass 485 visa. The decision under review, which affirmed the refusal of the visa, was therefore affirmed.