Gondara (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by an applicant who was required to satisfy the character test. The primary dispute concerned whether the applicant met Public Interest Criterion (PIC) 4001 and Regulation 2.03AA of the Migration Regulations 1994.

The Tribunal was required to determine two key legal issues: first, whether the applicant satisfied PIC 4001, which relates to passing the character test; and second, whether the applicant complied with Regulation 2.03AA, which mandates the provision of appropriate police clearance documents when requested by the Minister. The delegate had previously been unsatisfied that the applicant met PIC 4001 due to a lack of provided police clearance documents.

The Tribunal reasoned that the applicant had now provided sufficient evidence to satisfy PIC 4001(b), as a Police Clearance Certificate from the Consulate General of India and a National Police Certificate from the Australian Federal Police indicated no adverse information that would cause the applicant to fail the character test. Furthermore, the Tribunal found that Regulation 2.03AA had been met, as the applicant had now provided the requested police clearance documents from India, where she had resided, following earlier requests from the Department. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met PIC 4001 and Regulation 2.03AA for the purposes of clause 600.213(1) of Schedule 2 to the Regulations.