Ong (Migration)

The applicant, Ong, sought review of a decision not to grant a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The Administrative Appeals Tribunal (AAT) considered whether the applicant had met the requirements for 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 visa application date.

The Tribunal noted that the applicant lodged their visa application on 27 July 2019. In submissions provided to the Tribunal, the applicant conceded that they had not applied to the AFP for a criminal record check before lodging the visa application, believing it was not mandatory. As this concession meant the applicant failed to satisfy the requirement under Clause 485.213, they did not meet the criteria for the grant of a Subclass 485 visa. Consequently, the Tribunal affirmed the decision not to grant the visa.