Wang (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, where the applicant, Ms. Wang, was required to satisfy the character test under public interest criterion (PIC) 4001. The dispute arose because the applicant initially failed to provide requested police clearance certificates from countries where she had resided for 12 months or more since turning 16. The decision was made by the Tribunal, with Member Rosa Gagliardi presiding.

The primary legal issue before the Tribunal was whether the applicant satisfied PIC 4001, which necessitates the provision of police clearance certificates from relevant jurisdictions to demonstrate the absence of a criminal history. This requirement is underpinned by regulation 2.03AA, which stipulates that if a person is required to satisfy PIC 4001, they must provide requested documents, including statements from appropriate authorities regarding their criminal history, unless a waiver is granted.

The Tribunal reasoned that while the applicant had initially failed to provide the requested documents within the specified timeframe, she had subsequently submitted a Chinese notarial certificate and an Australian Federal Police National Police Certificate. These documents, provided at the time of review, indicated that the applicant had no criminal record in China as at 18 April 2022 and no disclosable court outcomes in Australia as at 3 May 2022. The Tribunal concluded that, based on this evidence provided during the review, the applicant met PIC 4001 for the purposes of subclause 600.213(1).

Consequently, the Tribunal remitted the application with a direction that the applicant satisfied PIC 4001.