Oyhanart (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by the applicant, Oyhanart. The primary dispute concerned whether the applicant had satisfied the character requirements for the visa, specifically Public Interest Criterion (PIC) 4001, which necessitates passing the character test. This criterion is further elaborated by Regulation 2.03AA, which requires applicants to provide statements from appropriate authorities regarding their criminal history if requested by the Minister.

The legal issue before the Tribunal was whether the applicant had provided the necessary documentation to satisfy Regulation 2.03AA(2)(a), which mandates a statement from an appropriate authority in countries where the applicant has resided for a cumulative period of 12 months or more in the last 10 years, since turning 16. The delegate's decision had been based on the applicant's failure to provide such a statement.

The Tribunal noted that while the delegate had focused solely on Regulation 2.03AA, the applicant had subsequently provided a National Police Certificate from the Australian Federal Police and a Clearance of Criminal Record Certificate from Argentina. These documents indicated no recorded criminal history in either country. Given these subsequent submissions, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of whether the applicant meets PIC 4001 and the other criteria for the Subclass 600 visa.