Yang (Migration)

This matter concerned an application for review of a decision to refuse a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The applicant sought to have the decision of the Administrative Appeals Tribunal (AAT) set aside.

The primary legal issue before the AAT was whether the applicant had satisfied the requirements of clause 485.213 of the Migration Regulations 1994. This clause mandates that a 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 AAT found that the evidence before it demonstrated that the applicant's visa application was not accompanied by proof of having applied for an AFP check within the specified timeframe. The applicant had applied for the AFP check after lodging the visa application. Despite submissions highlighting special circumstances, including the COVID-19 pandemic and the applicant's employment, the AAT concluded that clause 485.213 did not confer any discretion to waive this requirement. Consequently, the applicant failed to meet the criteria for the Subclass 485 visa.

The AAT affirmed the decision not to grant the applicant the Skilled (Provisional) (Class VC) visa.