Holmes (Migration)

The Administrative Appeals Tribunal considered an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 835 (Remaining Relative) visa. The applicant's eligibility for this visa was in dispute, particularly concerning Public Interest Criterion 4001, which relates to character and criminal history, and the requirement for police clearance certificates.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion 4001 for the purposes of clause 835.223 of the Migration Regulations 1994, and consequently, the remaining criteria for the grant of a Subclass 835 visa.

The Tribunal, presided over by Senior Member Kira Raif, determined that the appropriate course of action was to remit the application back to the Minister for reconsideration. The Tribunal directed that for the purposes of this reconsideration, the applicant was to be considered as meeting Regulation 2.03AA and the specified criteria for the Subclass 835 visa. The Minister was therefore instructed to undertake further consideration of whether the applicant meets Public Interest Criterion 4001.