Wang (Migration)

The Administrative Appeals Tribunal considered an application for a Visitor (Class FA) visa, Subclass 600, made by the applicant, Mr. Wang. The primary dispute concerned whether Mr. Wang satisfied the character requirements for the visa, specifically Public Interest Criterion (PIC) 4001, which necessitates passing the character test. This criterion is linked to Regulation 2.03AA, which mandates the provision of certain documents, including a statement from an appropriate authority regarding criminal history in countries of residence, and a completed Form 80.

The legal issue before the Tribunal was whether the applicant had met the requirements of Regulation 2.03AA, particularly concerning the provision of a police certificate from China and Australia, as a prerequisite for satisfying PIC 4001. The delegate's original decision had been based on the applicant's failure to provide these documents. However, the applicant subsequently provided a National Police Certificate from the Australian Federal Police indicating no disclosable court outcomes and a Notarial Certificate from China stating no criminal record during his residence there until March 2021.

The Tribunal reasoned that while the delegate had restricted their consideration to Regulation 2.03AA, the applicant had now provided the necessary documentation to address the concerns raised. Given the submission of these certificates, the Tribunal concluded that the matter should be remitted to the Minister for reconsideration of whether the applicant satisfies PIC 4001 and the other criteria for the grant of a Subclass 600 visa. The Tribunal directed that the applicant meets the criteria under Regulation 2.03AA for the purpose of the reconsideration.