Basyrah (Migration)

This matter concerned an application for a Medical Treatment (Visitor) (Class UB) visa (Subclass 602). The applicant sought review of a decision by the Department of Home Affairs to refuse the visa application. The Tribunal was required to consider whether the applicant met Public Interest Criterion (PIC) 4001, which is a requirement for the grant of the visa under clause 602.217(1) of Schedule 2 to the Migration Regulations 1994.

The primary legal issue before the Tribunal was whether the applicant satisfied PIC 4001. This criterion requires that the applicant either passes the character test, or that the Minister is satisfied, after appropriate inquiries, that there is nothing to indicate the applicant would fail to pass the character test, or that the Minister has decided not to refuse the visa despite reasonably suspecting the applicant does not pass the character test, or despite not being satisfied that the applicant passes the character test. The Department had initially refused the visa because the applicant failed to provide a requested AFP Police Check within the specified timeframe, leading the delegate to be unsatisfied that PIC 4001 was met.

The Tribunal reasoned that on review, the applicant had provided a National Police Certificate dated 21 March 2021, which indicated no disclosable court outcomes. Based on this evidence, the Tribunal found that the requirements of PIC 4001 were met for the purposes of clause 602.217(1). Consequently, the Tribunal determined that the appropriate course of action was to remit the visa application back to the Minister for reconsideration of the remaining criteria for the Subclass 602 visa.