De Souza Almeida (Migration)

The Administrative Appeals Tribunal considered the applications of the first, second, and third named applicants for Temporary Activity (Class GG) visas, Subclass 408. The primary dispute concerned whether the first applicant had satisfied Public Interest Criterion 4001, which forms part of the character test requirements for the visa. The second and third applicants, as family unit members, were dependent on the primary applicant's successful application.

The Tribunal was required to determine if the first applicant met the requirements of clause 408.216 of Schedule 2 and regulation 2.03AA of Division 2.1 of Part 2 of the relevant regulations. Specifically, this involved assessing whether the applicant had satisfied the character test under PIC 4001, which necessitates providing an acceptable statement from the Australian Federal Police regarding any criminal history. The Tribunal also needed to consider the visa applications of the secondary applicants in light of the primary applicant's eligibility.

The Tribunal reasoned that while the initial police certificate provided by the applicant was a standard disclosure and did not meet the formal requirements of PIC 4001, the applicant subsequently provided a complete disclosure certificate from the Australian Federal Police. This later certificate disclosed no record of criminal offences in the applicant's name. Consequently, the Tribunal found that the applicant had satisfied PIC 4001 and regulation 2.03AA(2), thereby meeting clause 408.216. For the secondary applicants, the Tribunal determined that their applications should be remitted to the Minister for consideration of the remaining criteria. The Tribunal remitted the applications for Temporary Activity (Class GG) visas for reconsideration, directing that the first applicant met the specified criteria for the Subclass 408 visa, and that the secondary applicants' applications be considered for their remaining criteria.