Mehkri (Migration)

The applicant, Mr. Mehkri, sought review of a decision to refuse him a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether Mr. Mehkri had met a specific visa requirement concerning an Australian Federal Police (AFP) check. The matter was heard by a Member of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant satisfied clause 485.213 of the Migration Regulations. This clause mandates that at the time of visa application, the applicant must provide evidence of having applied for an AFP check within the 12 months immediately preceding the application date. The applicant had answered "no" to a question on the application form regarding prior AFP checks and had not provided the required evidence at the time of lodgement.

The Tribunal reasoned that clause 485.213 imposed a strict, time-bound requirement. The applicant's submission that he applied for the AFP check one day after lodging his visa application, and his explanations of confusion and stress, did not alter the fact that the evidence was not provided at the time the application was made. The Tribunal noted that the applicant's cousin's evidence confirmed the AFP check was applied for the day after lodgement. The Tribunal concluded that the applicant had not met the criterion as stated in the regulations.

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