Chen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the primary issue before the Tribunal was whether the applicant satisfied Public Interest Criterion (PIC) 4001. The applicant had initially failed to provide requested police certificates from the Australian Federal Police and relevant overseas jurisdictions, leading to the refusal of their visa application by the Minister's delegate. The Tribunal was tasked with determining if the applicant met the character test requirements as stipulated in PIC 4001(a).

The legal issue before the Tribunal was whether the applicant satisfied PIC 4001(a), which requires the applicant to satisfy the Minister that they pass the character test. This criterion is linked to Regulation 2.03AA of the Migration Regulations, which mandates the provision of statements from appropriate authorities regarding an applicant's criminal history. The delegate had refused the visa because the applicant had not provided the requested documents, and therefore the delegate was not satisfied the applicant passed the character test.

The Tribunal found that the applicant had subsequently provided a National Police Certificate from the Australian Federal Police and a Penal Clearance Certificate from the Chongqing Public Security Bureau in China. Based on these documents, the Tribunal concluded that the requirements of PIC 4001(a) were met. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant satisfied PIC 4001(a) for the purposes of the visa subclass.