Almazan (Migration)

This matter concerned applications for Temporary Skill Shortage (Class GK) visas (Subclass 482). The primary applicant sought to satisfy the requirements of cl.482.217, which included meeting Public Interest Criterion (PIC) 4001 concerning character. The Department had requested police certificates from various jurisdictions and an Australian Federal Police National Police Certificate, but the applicant had not initially responded to these requests. The Administrative Appeals Tribunal considered the evidence provided, including certificates from the Republic of the Philippines' National Bureau of Investigation and Immigration/Citizenship-Australia name check certificates.

The central legal issue before the Tribunal was whether the first applicant met the character requirements under PIC 4001, as mandated by cl.482.217(1) for the grant of a Subclass 482 visa. The Tribunal also had to determine the implications of its findings regarding the first applicant for the applications of the other named applicants, who were members of the family unit.

The Tribunal reasoned that the provided certificates, which indicated no derogatory records or disclosable court outcomes against the applicants, satisfied the requirements of cl.482.217(1). Consequently, the Tribunal found that the first applicant met this criterion. Given this finding, the Tribunal determined that the applications of the second, third, and fourth named applicants, as family unit members, should be reconsidered. The Tribunal concluded that the appropriate course was to remit the matter to the Minister for reconsideration of the remaining visa criteria.