Patel (Migration)

The applicant, Mr. Patel, sought judicial review of a decision made by the Administrative Appeals Tribunal concerning his application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute centred on whether Mr. Patel had provided sufficient evidence of a current Australian Federal Police check.

The primary legal issue before the court was whether the Tribunal had erred in its assessment of the evidence regarding the Australian Federal Police check, and consequently, whether the decision to refuse the visa was affected by an error of law.

The Tribunal, having considered the material before it, determined that a hearing was not necessary and found in favour of the applicant pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal remitted the application for reconsideration, directing that the applicant met the criteria under cl 485.216 of Schedule 2 to the Migration Regulations 1994 (Cth).