Kaur (Migration)

This matter concerned an appeal before the Administrative Appeals Tribunal regarding a decision not to grant the applicant a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The central dispute revolved around the applicant's compliance with the Australian Federal Police (AFP) check requirements at the time of her visa application.

The Tribunal was required to determine whether the applicant had satisfied the requirements of clause 485.213 of the Migration Regulations 1994. Specifically, the issue was whether the visa application, lodged on 9 November 2018, was accompanied by evidence that the applicant had applied for an AFP check within the 12 months immediately preceding the date of application.

The Tribunal found that the applicant had answered "no" to the relevant question in her online application and had not provided any documentary evidence of an AFP check at that time. While the applicant later obtained an AFP check in February 2019, the Tribunal concluded that this date did not fall within the "12 months immediately before the day the application is made" as stipulated by clause 485.213. The Tribunal noted that the applicable law did not grant it the power to waive or overlook this mandatory requirement. Consequently, the Tribunal affirmed the decision not to grant the visa.