Ottati (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, for the occupation of Chef. The applicant, Ottati, sought review of a decision that found they did not meet the character test requirements under Public Interest Criterion (PIC) 4001. The Administrative Appeals Tribunal (AAT) considered the evidence presented by the applicant.

The primary legal issue before the Tribunal was whether the applicant satisfied the character test as required by cl 482.217(1) of Schedule 2 to the Regulations, which incorporates PIC 4001. This criterion required the applicant to provide statements from appropriate authorities in Italy and Australia regarding any criminal history. The delegate had previously determined the applicant failed to meet this requirement due to the absence of a statement from an Italian authority at the time of the delegate's decision.

The Tribunal reasoned that while the delegate had not received the necessary Italian statement, the applicant subsequently provided two certificates from the Public Prosecutor in Salerno, Italy, dated 17 May 2023. These certificates confirmed the applicant had no pending charges and no criminal records in Italy. Coupled with an Australian Federal Police certificate showing no disclosable court outcomes, the Tribunal found that the applicant satisfied the character test under PIC 4001. Consequently, the Tribunal remitted the application to the Minister for reconsideration, directing that the applicant met the character criterion under cl 482.217(1).