Vaikkattil Haridas (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, Subclass 485, made by Vaikkattil Haridas. The dispute centred on whether the applicant satisfied Public Interest Criterion (PIC) 4001, which pertains to the character test requirement for visa applicants.

The primary legal issue before the Tribunal was to determine if the applicant met the requirements of PIC 4001, as mandated by sub-regulation 485.216(1) of the Migration Regulations. PIC 4001 outlines several ways an applicant can satisfy the character test, including passing the test, or if the Minister is satisfied after appropriate enquiries that there is nothing to indicate a failure to pass the test, or if the Minister decides not to refuse a visa despite a suspicion or lack of satisfaction regarding the character test.

The Tribunal reasoned that following the initial application, the Department had noted a lack of evidence to satisfy the character test, and the applicant had not responded to a request for information. However, after the applicant lodged a merits review application with the Tribunal, a National Police Certificate issued by the Australian Federal Police was requested and subsequently provided. Upon reviewing this certificate, the Tribunal was satisfied that the applicant now met PIC 4001 and, consequently, satisfied sub-regulation 485.216(1).

As a result of these findings, the Tribunal remitted the visa application to the Minister for reconsideration, with a direction that the applicant meets the criteria under clause 485.216(1) of Schedule 2 to the Regulations.