Marahar (Migration)

The Administrative Appeals Tribunal considered an application by Marahar (Migration) for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The dispute concerned whether the applicant met Public Interest Criterion (PIC) 4001, which is a requirement for the grant of this visa.

The primary legal issue before the Tribunal was to determine whether the applicant had satisfied PIC 4001, specifically in light of Regulation 2.03AA(1) of the Migration Regulations 1994. This regulation stipulates that if a person is required to satisfy PIC 4001, they must provide certain requested documents or information, including a statement from an appropriate authority regarding their criminal history.

The Tribunal reasoned that an Australian Federal Police (AFP) National Police Certificate, Immigration/Citizenship-Australia Name Check Only, dated 7 November 2022, which indicated no disclosable court outcomes against the applicant, constituted a statement from an appropriate authority (a police force) in a country where the applicant resided. Therefore, the Tribunal found that this certificate satisfied the requirements of PIC 4001 for the purpose of clause 485.216(1) of Schedule 2 to the Regulations. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant meets PIC 4001 for the Subclass 485 visa.