Ko (Migration)

The applicant, Mr. Ko, sought review of a decision to refuse him a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether Mr. Ko had complied with the requirements of clause 485.213 of the Migration Regulations 1994. The decision was made by the Tribunal, with Member Ian Berry presiding.

The primary legal issue before the Tribunal was whether the applicant's visa application was accompanied by the required evidence of having applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding the lodgement of the application, as stipulated by clause 485.213. This clause mandates that such evidence must be provided at the time the application is made.

The Tribunal reasoned that the AFP check provided by the applicant was dated 2 March 2019 and was applied for and obtained after the visa application was lodged. Consequently, the applicant failed to satisfy the evidentiary requirements of clause 485.213 at the time of application. As this was a criterion for the grant of the Subclass 485 visa, the Tribunal affirmed the decision not to grant the visa.