Amarasinghe (Migration)

This matter concerned an application for review of a decision not to grant a Subclass 500 (Student) visa. The applicant was required to satisfy Public Interest Criterion (PIC) 4001, which necessitates passing the character test. The dispute centred on the applicant's failure to provide an Australian Federal Police (AFP) National Police Certificate, which is a document required to evidence whether an applicant has a criminal history in Australia. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had satisfied the criteria for the grant of a Subclass 500 (Student) visa, specifically PIC 4001, by providing the necessary documentation regarding their criminal history. Regulation 2.03AA of the Migration Regulations 1994 prescribes that if an applicant is required to satisfy PIC 4001, they must provide a statement from an appropriate authority regarding their criminal history, or a completed Form 80, unless this requirement is waived.

The Tribunal reasoned that the applicant had failed to satisfy the requirements of Regulation 2.03AA. Despite multiple requests from the Department and the Tribunal, the applicant had not provided an AFP National Police Certificate or evidence of arrangements to obtain one. The Tribunal noted that no additional information or documentation had been provided by the applicant or their migration agent in support of the review application. Consequently, the Tribunal found that the applicant had not met the criteria for the grant of the visa.

Accordingly, the Administrative Appeals Tribunal affirmed the decision not to grant the applicant a Student (Temporary) (Class TU) visa.