Abdelhamed (Migration)

This matter concerned an application for a Partner (Migrant) (Class BC) visa, Subclass 100 (Spouse), by Mr Abdelhamed. The primary dispute revolved around the applicant's failure to satisfy Public Interest Criterion (PIC) 4001, which forms part of the character test requirements for the visa. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant satisfied PIC 4001 at the time of the visa application, and consequently, whether the visa should be granted. Specifically, the Tribunal had to consider the requirements of regulation 2.03AA, which mandates the provision of statements from appropriate authorities regarding a person's criminal history, unless waived by the Minister.

The Tribunal reasoned that at the time of application, the applicant had not provided a National Police Certificate from the Australian Federal Police, despite repeated requests from the Department. This failure meant the applicant did not satisfy PIC 4001 as required by clause 100.222 and regulation 2.03AA(2). However, the applicant subsequently provided an Australian Federal Police certificate dated 12 February 2020, which confirmed no disclosable criminal history. The Tribunal also confirmed with the Department that no other overseas police certificates were outstanding.

Consequently, the Tribunal found that the applicant now met PIC 4001. The Tribunal remitted the application for reconsideration with a direction that the applicant satisfies PIC 4001 for the purposes of clause 100.222 of Schedule 2 to the Regulations.