KALYANGKURA (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 402 (Training and Research) visa. The applicant sought to satisfy Public Interest Criterion 4001, which relates to the character test, by providing police clearances.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion 4001, specifically in light of new evidence submitted after the initial assessment.

The Tribunal reasoned that the applicant had provided a police clearance from Thailand dated 26 May 2016 and subsequently provided a police clearance from Australia on 20 October 2017. In light of this new evidence, the Tribunal was satisfied that the criterion was met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets Public Interest Criterion 4001 for the purposes of clause 402.316 of Schedule 2 to the Regulations.