Li (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the applicant, Li, was required to satisfy Public Interest Criterion (PIC) 4001 and Regulation 2.03AA. The dispute arose because the Department had repeatedly requested police clearance documents from the applicant, which were not initially provided, leading to a delegate being unsatisfied that the applicant met PIC 4001. The case was heard by Jane Marquard, a Member of the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met PIC 4001, which pertains to the character test, and whether the applicant had complied with Regulation 2.03AA by providing appropriate police clearance documents as requested by the Department. PIC 4001 outlines several ways a person can satisfy the character requirement, including by demonstrating they pass the character test, or by the Minister being satisfied that there is nothing to indicate they would fail the test, or by the Minister deciding not to refuse a visa despite suspicion or lack of satisfaction regarding the character test. Regulation 2.03AA requires an applicant to provide documents or information requested by the Minister from appropriate authorities in countries where the applicant has resided.

The Tribunal found that the applicant had provided a Police Clearance Certificate from China and a National Police Certificate from the Australian Federal Police. The Chinese certificate indicated no criminal record in China, and the Australian certificate confirmed no disclosable court outcomes. Based on these documents, the Tribunal was satisfied that the applicant met PIC 4001(b), as there was nothing to indicate the applicant would fail the character test. Furthermore, the Tribunal noted that the Department had made multiple requests for police clearance documents, and the applicant had now provided them from the relevant authority in China. Consequently, the Tribunal was satisfied that the applicant met Regulation 2.03AA(a).

The Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration. The direction given was that the applicant met PIC 4001 and Regulation 2.03AA for the purposes of clause 600.213(1) of Schedule 2 to the Regulations.