Amit (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate), made by the applicant, Amit. The central dispute concerned whether the applicant satisfied Public Interest Criterion (PIC) 4001, a requirement for the visa under clause 485.216(1) of Schedule 2 to the Regulations.

The Tribunal was required to determine if the applicant had provided a statement from an appropriate authority evidencing whether they had a criminal history, as mandated by Regulation 2.03AA(1) in conjunction with PIC 4001. This regulation specifies that if a person is required to satisfy PIC 4001, they must provide requested documents, including a statement from an appropriate authority in a country of residence regarding their criminal history, and a completed approved Form 80.

The Tribunal reasoned that an Australian Federal Police (AFP) ‘National Police Certificate, Immigration/Citizenship-Australia Name Check Only’ dated 14 October 2022, which indicated no disclosable court outcomes against the applicant, constituted a statement from an appropriate authority (a police force) in a country where the applicant resided, providing evidence of their criminal history. Consequently, the Tribunal found that the applicant met the requirements of PIC 4001 for the purpose of clause 485.216(1). The Tribunal remitted the application for reconsideration by the Minister, directing that the applicant had satisfied PIC 4001.