Shahrizan (Migration)

This matter concerned an application for a Training (Class GF) visa, Subclass 407, before the Tribunal. The applicant was required to satisfy Public Interest Criterion (PIC) 4001, which necessitates the provision of requested documentation relating to character and criminal history under regulation 2.03AA. The dispute arose because the applicant initially failed to provide a police clearance from Malaysia when requested by the delegate, although a clearance from the Australian Federal Police was also requested.

The legal issue before the Tribunal was whether the applicant had met the requirements of regulation 2.03AA(2) of the Migration Regulations 1994, which mandates the provision of requested documentation concerning criminal history and a completed Form 80 if PIC 4001 or PIC 4002 is applicable. The Tribunal had to determine if the subsequent provision of a certificate of good conduct from Malaysia and a Complete Disclosure certificate from the Australian Federal Police satisfied this regulatory requirement.

The Tribunal reasoned that while the applicant initially failed to provide the Malaysian police clearance, they subsequently provided both the Malaysian certificate of good conduct and the Australian Federal Police clearance to the Tribunal. The Tribunal accepted these documents as satisfying the requirements of regulation 2.03AA(2). Consequently, the Tribunal concluded that the delegate was now in a position to assess whether the applicant met PIC 4001 and the remaining criteria for the Subclass 407 visa. The Tribunal remitted the application for reconsideration by the Minister, with a direction that the applicant had met regulation 2.03AA(2).