Jeon (Migration)

The Administrative Appeals Tribunal considered an application for review by Ms Jeon concerning the refusal of her Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The dispute centred on whether Ms Jeon had satisfied the visa application requirements relating to her criminal history.

The Tribunal was required to determine whether Ms Jeon had provided a statement from an appropriate authority regarding her criminal history, as required by clause 485.216 of Schedule 2 to the Migration Regulations 1994, and whether evidence that she had applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding her visa application accompanied her application, as required by clause 485.213.

The Tribunal found that while Ms Jeon had provided an AFP check to the Tribunal, this did not satisfy the requirement that evidence of her application for an AFP check must have accompanied her initial visa application. The Tribunal noted that Ms Jeon had indicated in her online application that she had applied for an AFP check within the relevant timeframe and provided a reference number. However, the Tribunal concluded that this alone was insufficient to meet the evidentiary requirements of clause 485.213.

Consequently, the Tribunal affirmed the decision not to grant Ms Jeon the Skilled (Provisional) (Class VC) visa.