Nguyen (Migration)

This matter concerned an application for a Visitor (Class FA) visa, Subclass 600, where the primary dispute revolved around the applicant's compliance with the character test requirements, specifically Public Interest Criterion (PIC) 4001. The review was conducted by the Tribunal.

The legal issue before the Tribunal was whether the applicant satisfied PIC 4001, which requires an applicant to pass the character test. This criterion, in conjunction with Regulation 2.03AA of the Migration Regulations, mandates the provision of statements from appropriate authorities regarding an applicant's criminal history in countries where they have resided. The delegate of the Minister had refused the visa application because the applicant had failed to provide the requested Australian Federal Police National Police Certificate and a Police Clearance Certificate from Vietnam, despite being given opportunities to do so.

The Tribunal found that the applicant had subsequently provided copies of a clear National Police Certificate from the Australian Federal Police and a Certificate from the Justice Bureau in Vietnam, indicating no criminal record. Based on this evidence, the Tribunal concluded that the applicant satisfied PIC 4001(a). Consequently, the Tribunal remitted the application to the Minister for reconsideration of the remaining visa criteria.