Lim (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, subclass 485, made by the applicant. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for the grant of this visa.

The central legal issue before the Tribunal was whether the applicant had complied with clause 485.213 of the Migration Regulations 1994. This clause 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 Australian Federal Police (AFP) check within the 12 months immediately preceding the date of the visa application.

The Tribunal found that the applicant lodged his visa application online on 19 January 2017 and indicated he had not applied for an AFP check in the preceding 12 months, nor did he provide any documentary evidence to that effect. Although the applicant later provided an AFP check issued on 22 March 2017, the Tribunal determined there was no evidence that he had applied for this check within the required 12-month period before his application was lodged. The Tribunal acknowledged the applicant's submission regarding potential ambiguity in the online form and his dismay at the outcome, but concluded that it was bound by the clear wording of clause 485.213, which did not permit any discretion to waive or overlook this requirement. Consequently, the Tribunal affirmed the decision not to grant the applicant the visa.