Voronova (Migration)

This matter concerned an application for review by Ms Voronova of a decision regarding her application for a Temporary Work (Long Stay Activity) (Class GB) visa, specifically the Religious Worker stream. The Administrative Appeals Tribunal, constituted by Member Kate Timbs, was required to determine whether Ms Voronova satisfied Public Interest Criterion (PIC) 4001 of the Migration Regulations.

The primary legal issue before the Tribunal was whether Ms Voronova met the character test as defined by PIC 4001, which requires the Minister to be satisfied, after appropriate inquiries, that there is nothing to indicate the applicant would fail to satisfy the Minister that they pass the character test. The delegate had previously refused the visa because Ms Voronova had not provided the required overseas penal certificates and a completed Part K of Form 1401, leading to the delegate not being satisfied that there was nothing to indicate she would fail the character test.

The Tribunal reasoned that Ms Voronova had since provided a statutory declaration detailing countries where she had resided for more than 12 months in the last ten years, along with a comprehensive suite of documents including an Australian Federal Police certificate, a completed Part K of Form 1401, advice from Florida law enforcement, FBI fingerprint search results, a Russian Federation police certificate, and a certificate from the Latvian Ministry of the Interior. All these documents indicated no criminal convictions. The Tribunal was satisfied that appropriate inquiries had been made and that there was nothing to suggest Ms Voronova would fail the character test, thus satisfying PIC 4001.

Consequently, the Tribunal set aside the delegate's decision and remitted the application for reconsideration by the Department, with a direction that Ms Voronova meets PIC 4001 for the purposes of clause 401.216 of Schedule 2 of the Migration Regulations. The Department was then to consider whether Ms Voronova met the other relevant criteria for the visa grant.