YU (Migration)

This matter concerned an application for review by YU (Migration) before the Tribunal, presided over by Member Antonio Dronjic. The dispute centred on whether the applicant met Public Interest Criterion (PIC) 4001, which relates to the character test, for the purposes of a Skilled (Provisional) (Class VC) visa, Subclass 485.

The primary legal issue before the Tribunal was to determine if the applicant satisfied PIC 4001, as required by clause 485.216(1) of the Migration Regulations. PIC 4001 outlines several ways a person can satisfy the character test, including the Minister being satisfied that the person passes the test, or that there is nothing to indicate they would fail to satisfy the Minister.

Member Dronjic reasoned that the applicant had provided an Australian Federal Police (AFP) Clearance certificate dated 18 July 2017. Based on this documentary evidence, the Tribunal was satisfied that the applicant passed the character test for the purposes of PIC 4001, and therefore met the requirements of clause 485.216(1). Consequently, the Tribunal remitted the application for the Skilled (Provisional) (Class VC) visa back to the Minister for reconsideration of the remaining criteria, with a direction that the applicant meets PIC 4001.