Chhun (Migration)

This matter concerned an application for a Partner (Provisional) (Class UF) visa, subclass 309, before the Tribunal. The applicant was required to satisfy Public Interest Criterion (PIC) 4001, which, under regulation 2.03AA of the Migration Regulations 1994, necessitates the provision of a statement from an appropriate authority regarding criminal history or a completed Form 80. The core dispute revolved around whether the applicant had met this requirement.

The legal issue before the Tribunal was whether the applicant had satisfied the requirements of regulation 2.03AA in relation to PIC 4001 for the grant of a Subclass 309 visa. This criterion is a primary requirement for the visa, as stipulated in clause 309.225 of Schedule 2 to the Migration Regulations.

The Tribunal found that the applicant had subsequently provided a statement from an appropriate authority in Cambodia confirming they had no criminal history in that country. In light of this new evidence satisfying the requirement of regulation 2.03AA(2)(a) and PIC 4001, the Tribunal determined that the appropriate course was to remit the application for reconsideration by the Minister, with a direction that these specific criteria were met.