Zhang (Migration)

This matter concerned an application for a Visitor (Class FA) visa, subclass 600, made by the applicant, Zhang. The primary dispute revolved around whether the applicant satisfied the character test requirements under clause 600.213 of Schedule 2 to the Migration Regulations, specifically Public Interest Criterion (PIC) 4001. The decision was made by the Tribunal.

The legal issue before the Tribunal was whether the applicant had satisfied PIC 4001, which requires an assessment against the 'character test'. This criterion, in conjunction with regulation 2.03AA, mandates the provision of a statement from an appropriate authority regarding the applicant's criminal history, unless waived by the Minister. The Tribunal was required to determine if the documentation provided by the applicant met these requirements.

The Tribunal reasoned that regulation 2.03AA(2)(a) requires a statement from an appropriate authority about the applicant's criminal history. While the Department had requested this documentation, the applicant initially failed to provide it in the correct format and within the stipulated timeframe. However, the applicant subsequently provided a Notarial Certificate from China, dated 27 April 2022, which indicated no criminal convictions. The Tribunal concluded that the matter should be remitted for reconsideration, with the direction that the applicant meets PIC 4001, provided the Notarial Certificate was submitted in the correct form.