Waheed (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa by Mr Waheed, a citizen of Pakistan. The visa was refused by the delegate on the basis that the applicant had not provided evidence of having applied for an Australian Federal Police (AFP) check within the 12 months immediately preceding the visa application, as required by clause 485.213 of the Migration Regulations 1994. The applicant sought review of this decision before the Tribunal.

The Tribunal was required to determine two issues: first, whether the applicant had applied for an AFP check within the 12 months prior to his visa application lodged on 29 June 2019; and second, if he had, whether the visa application was accompanied by evidence of this application. The applicant contended that he had indeed applied for the AFP check on the same day as his visa application and had provided the relevant details, despite incorrectly answering "No" to the question regarding prior application in the online form.

The Tribunal considered documentary evidence including an AFP receipt dated 29 June 2019, Mastercard receipts for payments made on that day, and an email from the applicant explaining that he had accidentally answered "No" to the question but had included the AFP reference number in the application. Crucially, the Tribunal noted that the online application system prompted applicants to provide AFP check details even if they responded "No" to the initial question. Evidence from a test application demonstrated this functionality. The Tribunal found that the applicant had applied for the AFP check on 29 June 2019 and had provided evidence of this application, including the reference number, within the online form, despite the incorrect answer to the specific question.

Despite finding that the applicant had satisfied the requirements of clause 485.213, the Tribunal affirmed the delegate's decision to refuse the visa. The reasons for this outcome are not detailed in the provided text, beyond the statement that the decision was affirmed.