Panglao (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) visa, Subclass 820. The review applicant sought to satisfy Public Interest Criterion (PIC) 4001, which requires applicants to meet the 'character test' by providing police certificates from countries where they have lived for a cumulative period of 12 months or more in the 10 years preceding the application, since turning 16. The applicant had provided a police certificate from the Philippines, confirming she had no criminal record there.

The Tribunal was required to determine whether the review applicant satisfied PIC 4001 for the purposes of clause 820.223(1)(a) of Schedule 2 to the Migration Regulations. This involved assessing whether the provided police certificate from the Philippines adequately demonstrated compliance with the character test requirements.

The Tribunal reasoned that the police certificate from the Philippines, issued by the National Bureau of Investigation, satisfied the requirement for evidence of the applicant's criminal history in that country. As the applicant had lived in the Philippines for the requisite period, and the certificate confirmed no criminal record, the Tribunal found that PIC 4001 was met. Consequently, the Tribunal remitted the applications for the Partner (Temporary) (Class UK) visas, including the second-named visa applicant whose refusal was based on the review applicant's initial refusal, for reconsideration by the Minister. The direction was that the review applicant meets PIC 4001 for the purposes of clause 820.223(1)(a).