Subramanayam (Migration)

The Administrative Appeals Tribunal considered the case of Mr Subramanayam concerning his application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate). The dispute arose when the Department of Home Affairs refused his visa application, a decision Mr Subramanayam sought to have reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Mr Subramanayam had complied with clause 485.213 of the Migration Regulations. This clause mandates that a subclass 485 visa application must be accompanied by evidence that the applicant, and any other person included in the application aged 16 or over, had applied for an Australian Federal Police (AFP) check within the 12 months preceding the application date.

The Tribunal found that Mr Subramanayam had declared "No" to the relevant question on his visa application form regarding an AFP check. While he completed his studies on 3 November 2017 and lodged his visa application on 21 December 2017, he did not apply for the AFP check until after the Department had already refused his application on 18 January 2018. Although Mr Subramanayam argued he misinterpreted the requirements due to financial hardship and a lack of migration agent assistance, and that the online form did not explicitly flag the AFP check as mandatory for lodgement, the Tribunal concluded that these circumstances did not excuse non-compliance with the regulatory requirement. The Tribunal noted that Mr Subramanayam himself acknowledged making an error in his application by not applying for the police check before lodging the visa application.

Consequently, the Tribunal determined that Mr Subramanayam did not satisfy the criteria for the grant of a subclass 485 visa. The Tribunal affirmed the decision not to grant the visa.