Saini (Migration)

The applicant, Saini, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) which affirmed the refusal of their application for a Temporary Graduate visa (subclass 485). The AAT Member, Antonio Dronjic, had affirmed the delegate's decision to refuse the visa.

The central legal issue before the AAT was whether the applicant met the requirements of clause 485.213 of the Migration Regulations 1994. This clause mandates that an applicant for a Temporary Graduate visa must provide evidence that they have applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding the date of their application.

The AAT Member found that the applicant had failed to provide evidence of having applied for an AFP check within the specified 12-month period at the time the visa application was made. The Member noted that the evidence before the Tribunal, including the applicant's oral evidence, did not satisfy this requirement. Consequently, the Member concluded that the applicant did not meet the criteria stipulated in clause 485.213.

The Tribunal affirmed the decision under review, meaning the visa application remained refused.