Peang (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, subclass 600, made by an applicant who had been requested to provide police clearance documents. The delegate had initially not been satisfied that the applicant met Public Interest Criterion (PIC) 4001 due to a lack of these documents. The applicant subsequently provided a certificate from the Cambodian Ministry of Justice stating she had no criminal history in Cambodia, and an Australian Federal Police National Police Certificate indicating no disclosable court outcomes.

The primary legal issue before the Tribunal was whether the applicant had satisfied the character test requirements under PIC 4001 and Regulation 2.03AA of the Migration Regulations 1994, specifically concerning the provision of statements from appropriate authorities regarding her criminal history. The Tribunal was required to determine if the documents provided by the applicant were sufficient to demonstrate that she passed the character test or that there was nothing to indicate she would fail to do so.

The Tribunal reasoned that the provided certificates from the Cambodian Ministry of Justice and the Australian Federal Police were sufficient to satisfy PIC 4001(b), as they indicated no adverse information that would lead to the applicant failing the character test under section 501(6) of the Migration Act 1958. Furthermore, the Tribunal found that the applicant had complied with Regulation 2.03AA(2) by providing the requested documents from the appropriate authorities in Cambodia and Australia, after the Department had made multiple requests.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa, subclass 600, for reconsideration. The Tribunal directed that the applicant be considered to have met Public Interest Criterion 4001 and Regulation 2.03AA(2) for the purposes of clause 600.213 of Schedule 2 of the Regulations.