Pham (Migration)

The Administrative Appeals Tribunal considered an appeal by Mr. Pham concerning the refusal of his Skilled (Provisional) (Class VC) visa application, specifically a Subclass 485 (Temporary Graduate) visa. The core dispute revolved around whether Mr. Pham had satisfied a specific visa criterion relating to Australian Federal Police (AFP) checks.

The legal issue before the Tribunal was whether the applicant had provided evidence, at the time of lodging his visa application, that he had applied for an AFP check within the 12 months preceding the application date, as required by Clause 485.213 of the Migration Regulations. This clause mandates that such evidence must accompany the visa application for the criterion to be met.

The Tribunal found that Mr. Pham lodged his Subclass 485 visa application on 23 June 2019. In his application, he indicated that he had not applied for an AFP check in the preceding 12 months and did not submit any documentary evidence to support such an application. No further evidence or submissions were provided to the Department or the Tribunal. Consequently, the Tribunal concluded that the applicant had not satisfied Clause 485.213, meaning he did not meet the criteria for the grant of a Subclass 485 visa. The Tribunal affirmed the decision not to grant the visa.