Saini (Migration)

[2020] AATA 3160

Saini (Migration) [2020] AATA 3160 (30 June 2020)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Jugdeep Singh Saini

CASE NUMBER:  2002383

DIBP REFERENCE(S):  BCC2019/4867598

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:         30 June 2020 at 1:44 pm (VIC time)

DATE OF WRITTEN RECORD:                30 July 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 30 July 2020 at 3:41pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) – no AFP check within 12 months before application made – check applied for after application made – decision under review affirmed

LEGISLATION
Migration Regulations 1994 (Cth), Schedule 2, cl 485.213

APPLICATION FOR REVIEW

1. This is an application for review of a decision made by a delegate of the Minister for Immigration on 21 January 2020 to refuse to grant the visa applicant a Skilled (Provisional) (Class VC) Subclass 485 visa under the Migration Act 1958 (the Act).

2. The delegate refused to grant the visa because the applicant did not satisfy cl.485.213 of Schedule 2 to the Regulations because, when the visa application was made, it was not accompanied by evidence that the applicant had applied for an Australian Federal Police (AFP) check during the 12 months immediately before the day the application was made.

3. The applicant applied to the Tribunal on 7 February 2020, for review of the delegate’s decision. With his application, the applicant submitted a copy of the primary decision record according to which:

   On 27 September 2019, the applicant lodged an online application for a Subclass 485 visa and in the application form indicated that he did not apply to the Australian Federal Police for a check of criminal records in the last 12 months.

4. In his evidence, the applicant stated that he applied for the AFP Clearance on 12 June 2020. His application for subclass 485 visa was lodged with the Department on 27 September 2019 and he was not aware of the rules.

5. At the hearing on 30 June 2020 the Tribunal made an oral decision and gave an oral statement of decision and reasons. The following is the written record of those reasons.

   STATEMENT OF DECISION AND REASONS

6. Based on the evidence before me, including your oral evidence given today, I am not satisfied that, when the application was made, it was accompanied by evidence that you have applied for an Australian Federal Police check during the 12 months immediately before the day the application is made. For that reason, I find that you do not meet the requirements of cl. 485.213 and I affirm the decision made by the Department.

   DECISION

7. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member