Yim (Migration)

This matter concerned an appeal by Ms Bomi Yim against a delegate's decision to refuse her application for a subclass 485 Temporary Graduate Post-Study Work Stream visa. The Administrative Appeals Tribunal was required to review this decision.

The primary legal issue before the Tribunal was whether Ms Yim satisfied the requirements of clause 485.213 of the Migration Regulations 1994. This clause mandates that an applicant for this visa must provide evidence of having applied for an Australian Federal Police check within the 12 months immediately preceding the date of application.

The Tribunal noted that Ms Yim's application declared she had not applied for a police check in the preceding 12 months, and no such evidence was provided. While Ms Yim acknowledged this as a "foolish mistake" and "human error," attributing it to personal difficulties during the COVID-19 pandemic, including depression, loneliness, exhaustion, and financial hardship, the Tribunal found that the application form itself, on page 8, also advised of the requirement to provide a Federal Police check. The Tribunal considered Ms Yim's submissions regarding the perceived misleading nature of the application process and the delay in receiving a decision, but ultimately affirmed the delegate's decision.