Fernandes Da Silva (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 408 (Temporary Activity) visa. The dispute concerned whether the applicant satisfied the character requirements for the visa, specifically Public Interest Criterion 4001, which mandates that the applicant pass the character test. The applicant had provided Australian Federal Police certificates and Brazilian Police clearances, both dated July 2022, which indicated "no disclosable court outcomes."

The primary legal issue before the Tribunal was whether the applicant had satisfied clause 408.216 of Schedule 2 to the Migration Regulations 1994, which requires the applicant to satisfy a number of public interest criteria, including PIC 4001. PIC 4001 is satisfied if the applicant passes the character test, which is assessed at the "time of decision."

The Tribunal reasoned that the provided police certificates, indicating no disclosable court outcomes, were sufficient to satisfy clause 408.216 and, by extension, PIC 4001. Consequently, the Tribunal remitted the primary applicant's visa application for reconsideration by the Minister, with a direction that the applicant meets clause 408.216. The Tribunal also remitted the secondary applicants' applications, which had been refused on the basis of the primary applicant's refusal, for reconsideration.