Shen (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by Ms Shen. The dispute concerned whether Ms Shen met the character test requirements for the visa, with evidence of her criminal history being a key factor.

The Tribunal was required to determine whether Ms Shen satisfied Public Interest Criterion 4001, as relevant to clause 600.213(1) of Schedule 2 to the Migration Regulations 1994. This involved assessing the provided Chinese Notarial Certificate and Australian Federal Police National Police Certificate in light of her criminal history.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that, for the purposes of clause 600.213(1) of Schedule 2 to the Regulations, the visa applicant meets Public Interest Criterion 4001. Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration with this direction.