Poudel (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, brought before the Tribunal by the applicant, Poudel. The central dispute revolved around whether the applicant met the criteria specified in clause 485.216(1) of Schedule 2 to the Regulations, which requires the applicant to satisfy Public Interest Criterion (PIC) 4001.

The Tribunal was required to determine if the applicant had satisfied PIC 4001, specifically in relation to the provision of documents concerning their criminal history. Regulation 2.03AA outlines the requirements for satisfying PIC 4001, stipulating that if requested by the Minister, the applicant must provide a statement from an appropriate authority regarding their criminal history and a completed Form 80. The Minister also has the discretion to waive the requirement for a statement if it is unreasonable for the applicant to provide it.

The Tribunal reasoned that the applicant had provided an Australian Federal Police Digital National Police Certificate dated 20 November 2023, which indicated no disclosable court outcomes in Australia. The Tribunal considered this certificate to satisfy the requirements of regulation 2.03AA(2)(a) for the purpose of PIC 4001 and clause 485.216(1). Consequently, the Tribunal found that the applicant met this specific criterion.

Given this finding, the Tribunal determined that the appropriate course of action was to remit the visa application to the Minister for reconsideration of the remaining criteria. The Tribunal directed that the applicant be considered to have met regulation 2.03AA(2)(a) for the purpose of PIC 4001 and clause 485.216(1) of Schedule 2 to the Regulations.