Rozas Riquelme (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600 (tourist stream), made by Ms. Rozas Riquelme. The dispute before the Tribunal was whether the applicant met the character requirements for the visa, specifically Public Interest Criterion (PIC) 4001 and Regulation 2.03AA of the Migration Regulations 1994. The original delegate had not been satisfied that the applicant met PIC 4001 due to a lack of provided police clearance documents at the time of the decision.

The Tribunal was required to determine two primary legal issues. Firstly, whether the applicant satisfied the character test as required by PIC 4001, which involves being satisfied that the applicant passes the character test, or that there is nothing to indicate they would fail, or that the Minister has decided not to refuse the visa despite suspicion or lack of satisfaction. Secondly, the Tribunal had to consider whether the applicant met Regulation 2.03AA, which mandates the provision of appropriate police clearance documents when requested by the Minister from authorities in countries where the applicant has resided.

The Tribunal reasoned that while the delegate had not received the required police checks at the time of the original decision, the applicant had since provided an Australian Federal Police National Police Certificate and a translated Criminal Record Certificate from Chile. These documents indicated no disclosable court outcomes or criminal records. Based on this evidence, the Tribunal found that the applicant satisfied the character test and therefore met PIC 4001. Furthermore, as the requested documents had now been provided, the Tribunal was satisfied that Regulation 2.03AA had been met. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant met PIC 4001 and Regulation 2.03AA for the purposes of clause 600.213(1) of Schedule 2 to the Regulations.