Brar (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the primary dispute revolved around the applicant's character requirements. The decision was made by Joseph Lindsay, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met Public Interest Criterion (PIC) 4001 and Regulation 2.03AA of the Migration Regulations 1994. PIC 4001 relates to the character test, requiring either the applicant to satisfy the Minister they pass the test, or for the Minister to be satisfied that there is nothing to indicate they would fail, or for the Minister to have decided not to refuse the visa despite suspicion or lack of satisfaction. Regulation 2.03AA requires an applicant to provide requested documents or information from appropriate authorities where they have resided.

The Tribunal reasoned that while the delegate had not been satisfied that the applicant met PIC 4001 due to a lack of police clearance documents, the applicant had since provided an Australian Federal Police National Police Certificate and a certificate from the Consulate General of India. Based on these documents, the Tribunal was satisfied that the applicant met PIC 4001(b), as there was nothing to indicate they would fail the character test. Furthermore, the Tribunal found that the applicant had now provided the requested police clearance documents from India and Australia, thus satisfying Regulation 2.03AA(a).

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, subclass 600, for reconsideration. The Tribunal directed that the applicant be considered to meet PIC 4001 and Regulation 2.03AA(2) for the purposes of clause 600.213(1) of Schedule 2 to the Regulations.