HARDEE (Migration)

This matter concerned an application for a Temporary Business Entry (Class UC) visa, subclass 457, by a recruitment consultant. The primary issue was whether the applicant met the criteria under PIC 4014, which addresses circumstances where an applicant is affected by a relevant risk factor, and whether an exclusion period applied. The applicant had departed Australia on a bridging visa, and none of the specified limited circumstances that would prevent the application of PIC 4014 were met.

The court was required to determine if the applicant satisfied PIC 4014, specifically concerning the application of an exclusion period. PIC 4014 outlines that where an applicant is affected by certain risk factors, such as departing Australia as an unlawful non-citizen or on specific bridging visas, they must either apply more than three years after departure or satisfy the decision-maker that compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting an Australian citizen, permanent resident, or eligible New Zealand citizen, justify granting the visa within three years. The applicant's exclusion period had ended by the date of the review, and they had made a further application offshore.

The Tribunal found that the applicant's application was made less than three years after departure while an exclusion period was in force. However, given that the exclusion period had concluded and the applicant had made a new offshore application, the Tribunal considered the submissions regarding compelling and compassionate circumstances. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the visa applicant meets the criteria for a subclass 457 visa, including PIC 4014.