Bootpreecha (Migration)

The applicant, Bootpreecha, sought review of a decision concerning their application for a Visitor (Class FA) visa, subclass 600. The dispute centred on whether the applicant satisfied the character test, specifically in relation to their criminal history. The decision was made by a Member of the Tribunal, Rosa Gagliardi.

The primary legal issue before the Tribunal was whether the applicant met the requirements of Public Interest Criterion (PIC) 4001(1) for the purposes of subclause 600.213(1) of the Migration Regulations. This criterion relates to the character requirements for visa applicants, particularly concerning criminal convictions.

The Tribunal's reasoning was that while evidence of the applicant's criminal history had been provided, including an Australian Federal Police National Police Certificate and a certification from the Special Branch Royal Thai Police, the ultimate decision on meeting PIC 4001(1) was contingent on the form and origin of the Thai police report. The Tribunal indicated it was not aware of the applicant having resided in any third country. Consequently, the Tribunal remitted the application with a direction that the applicant meet PIC 4001(1), subject to the Thai police report being in the prescribed form and from the required authority.