Kelly (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, made by an applicant who had previously provided misleading information regarding criminal convictions. The dispute centred on whether the applicant met Public Interest Criterion (PIC) 4020, which requires that an applicant has not provided false or misleading information in relation to a visa application.

The Tribunal was required to determine if the applicant had provided false or misleading information in relation to his visa applications, specifically concerning his criminal record. It also had to consider whether there were compelling or compassionate circumstances that justified waiving the requirements of PIC 4020, given the applicant's circumstances, including his employment in a skilled occupation and his family situation in Australia.

The Tribunal found that the applicant had indeed provided false or misleading information in relation to his previous visa applications, meaning he did not satisfy PIC 4020(1). However, the Tribunal then embarked on a two-stage inquiry regarding the waiver of PIC 4020 requirements. It concluded that there were compassionate or compelling circumstances affecting the interests of an Australian permanent resident (his de facto partner and unborn child) that justified granting the visa.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets PIC 4020 for the purposes of clause PIC 4020(1) of Schedule 2 of the Regulations.