Quinn (Migration)

This matter concerned an appeal by Ms Mary Frances Elizabeth Quinn against a delegate's decision to refuse her application for a Subclass 485 Temporary Graduate Post-Study Work Stream Visa. The applicant had lodged her visa application on 10 February 2020. The delegate found that Ms Quinn did not meet the requirements for the visa grant, specifically clause 485.213 of the regulations.

The primary legal issue before the Tribunal was whether Ms Quinn satisfied clause 485.213, which requires an applicant to provide evidence of having applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding the date of the visa application. The delegate's decision was based on Ms Quinn's declaration in her application that she had not applied for an AFP check in the preceding 12 months.

The Tribunal acknowledged Ms Quinn's submission that the application process was unclear and that she had made an honest mistake, believing that a police check had been conducted when her "Blue Card" (working with children check) was renewed in August 2019. The Tribunal noted that this situation, where applicants are refused visas for failing to provide an AFP check despite honest mistakes or unclear application processes, is a common problem. However, the Tribunal found that Ms Quinn's declaration indicated she knew she had not applied for a police check, even if she did not realise its necessity for the visa. The Tribunal affirmed the delegate's decision.