Sebastian Joseph (Migration)

[2019] AATA 6568

Sebastian Joseph (Migration) [2019] AATA 6568 (9 October 2019)

DECISION RECORD

DIVISION:Migration & Refugee Division

APPLICANT:  Mr Rishy Sebastian Joseph

CASE NUMBER:  1910329

DIBP REFERENCE(S):  BCC2019/267295

MEMBER:Antonio Dronjic

DATE AND TIME OF

ORAL DECISION AND REASONS:         9 October 2019 at 11:25 am (VIC time)

DATE OF WRITTEN RECORD:                9 January 2020

PLACE OF DECISION:  Melbourne

DECISION:The Tribunal affirms the decision under review.

Statement made on 09 January 2020 at 4:03pm

CATCHWORDS
MIGRATION – Skilled (Provisional) (Class VC) visa – Subclass 485 (Temporary Graduate) –lack of evidence Australian Federal Police check application submitted 12 months before visa application – 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 5 April 2019 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, and each person included in the application who is at least 16, 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 24 April 2019, for review of the delegate’s decision. With his application, the applicant submitted a copy of the primary decision record according to which:

   ·The applicant lodged an application for a Temporary Graduate (Post-Study Work) visa on 30 January 2019 and declared in the application form that he did not apply for an Australian Federal Police check in the last 12 months.

4. In his evidence, the applicant confirmed that that he applied for the AFP Clearance through an external agency (Clear to Work) on 30 January 2019. He received the AFP Clearance by mail some two weeks later. The AFP Clearance is dated 31 January 2019. He did not upload a tax invoice/receipt dated 30 January 2019 from Clear to Work agency to the Department’s web-site as evidence that he applied for the AFP Clearance prior to lodgement of his visa application.

5. At the hearing on 9 October 2019 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 at the hearing, I am not satisfied that, at the time when the application was made, it was accompanied by the evidence that you have applied for the Australian Federal Police check during the 12 months immediately before the date the application was made.  For that reason I find that you do not meet the requirements of clause 485.213 and I am affirming the decision made by the Department.

   DECISION

7. The Tribunal affirms the decision under review.

   Antonio Dronjic
   Member