1514651 (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa by Mr Uluiviti, a Fijian citizen. The primary dispute revolved around whether Mr Uluiviti met Public Interest Criterion (PIC) 4004, which requires an applicant not to have outstanding debts to the Commonwealth unless satisfactory arrangements for repayment have been made. The delegate had refused the visa because Mr Uluiviti had an outstanding debt of $1,417.00 to the Commonwealth and had not provided evidence of payment or a suitable payment plan.

The Tribunal was required to determine if Mr Uluiviti satisfied PIC 4004, as this was a prerequisite for meeting clause 820.223 of Schedule 2 to the Migration Regulations 1994. The Tribunal considered evidence from the Departmental case file and the Tribunal's own case file, as well as oral evidence provided by Mr Uluiviti at the hearing. The Tribunal had previously requested evidence of debt repayment or a payment plan on multiple occasions.

During the Tribunal hearing, Mr Uluiviti stated he had made some payments and committed to a weekly payment plan. He also indicated he had $1,000 in cash to pay the remaining debt. The Tribunal informed him it could not accept the cash payment directly but granted an extension for him to pay the debt to the relevant authority and provide documentary evidence of clearance. The Tribunal reasoned that if Mr Uluiviti provided this evidence within the extended timeframe, he would satisfy PIC 4004.

Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr Uluiviti meets PIC 4004 for the purposes of clause 820.223 of Schedule 2 to the Regulations, provided he furnishes the required documentary evidence of his cleared Commonwealth debt within the specified timeframe.