Dhungana (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate), made by a primary applicant and a secondary applicant who was a member of the same family unit. The dispute concerned whether the primary applicant met the character requirements for the visa.

The Tribunal was required to determine whether the primary applicant satisfied Public Interest Criterion 4001, which relates to character requirements, specifically in relation to the provision of a statement from an appropriate authority, such as a National Police Certificate indicating no disclosable court outcomes.

The Tribunal reasoned that the primary applicant had provided a National Police Certificate which stated there were no disclosable court outcomes. Applying the relevant provisions of Schedule 2 to the Migration Regulations 1994, the Tribunal found that this satisfied the requirements of Public Interest Criterion 4001. Consequently, the Tribunal remitted the application for reconsideration by the Department, with a direction that the primary applicant met the character requirements.

As the secondary applicant's application was dependent on the primary applicant's, her application would also be determined by reference to the outcome of the primary applicant's application upon remittal.