Wijemanna (Migration)

This matter concerned an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, by an applicant seeking to work as a carpenter. The applicant had provided an old and incomplete police clearance from their home country to the Department. The Administrative Appeals Tribunal was required to determine whether the applicant satisfied the character test requirements under Public Interest Criterion (PIC) 4001, as stipulated by clause 482.217(1) of Schedule 2 to the Migration Regulations 1994.

The Tribunal considered the evidence presented, including a comprehensive police clearance obtained for the periods the applicant resided in Sri Lanka, which had been provided to the Tribunal. The applicant also submitted a Form 80. The Tribunal found that the applicant had satisfied PIC 4001 and, consequently, clause 482.217(1).

Based on these findings, the Tribunal determined that the appropriate course of action was to remit the application for reconsideration by the Minister. The remittal was with the direction that the applicant met the criteria under clause 482.217(1) for the Subclass 482 visa, allowing the Minister to consider the remaining eligibility criteria.