Carr (Migration)

This matter concerned an application for a Temporary Activity visa (Subclass 408) where the applicant had allegedly breached Public Interest Criterion 4001 (PIC 4001). The decision was made by a Tribunal member, Karen Synon.

The legal issue before the Tribunal was whether the applicant had satisfied the requirements of PIC 4001, specifically Regulation 2.03AA(2)(a), which mandates the provision of a statement from an appropriate authority in a country of residence or past residence detailing any criminal history, if requested by the Minister. The Tribunal also considered whether the requirement for a completed Form 80 under Regulation 2.03AA(2)(b) applied.

The Tribunal reasoned that the applicant had provided the requested statements from the FBI and the Australian Federal Police (AFP). Given that the applicant had not departed Australia since lodging the visa application, the FBI clearance dated 17 March 2017 was considered sufficient evidence of their criminal history status. As there was no evidence that a Form 80 had been requested, that criterion was not applicable. Consequently, the Tribunal found that the applicant met Regulation 2.03AA(2)(a) in relation to PIC 4001.

The Tribunal remitted the applications for Temporary Activity (Class GG) visas for reconsideration by the Minister, directing that the first named applicant met Regulation 2.03AA(2)(a) for the purposes of clause 408.216 of Schedule 2 to the Regulations.