Zeng (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Zeng for a Visitor (Class FA) visa, subclass 600. The dispute centred on whether Mr. Zeng satisfied the requirements for the visa, specifically concerning his criminal history. The Department had previously refused to grant the visa.

The primary legal issue before the Tribunal was whether Mr. Zeng satisfied subclause 600.213(1) of the Migration Regulations 1994, which requires applicants to meet various Public Interest Criteria (PICs), including PIC 4001. This criterion relates to character and criminal history. The Tribunal also considered whether subregulation 2.003AA applied, which deals with circumstances where an applicant has not provided requested information.

The Tribunal noted that the Department had requested Mr. Zeng provide a police certificate from China to evidence his criminal history, a request made on two separate occasions with a 28-day response period. Mr. Zeng failed to provide this information or any evidence of his attempts to obtain it. The Tribunal also noted that Mr. Zeng had indicated a desire to withdraw his application but did not proceed with the formal withdrawal process. Furthermore, Mr. Zeng did not attend the hearing. Based on the lack of evidence regarding his criminal history and his failure to respond to the Department's requests, the Tribunal concluded that Mr. Zeng had not satisfied the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant Mr. Zeng a Visitor (Class FA) visa.