Barton (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Activity visa (Subclass 408) made by Barton. The dispute concerned whether Barton met public interest criterion 4001, which was a requirement for the visa.

The primary legal issue before the Tribunal was to determine if Barton satisfied public interest criterion 4001, as stipulated in clause 408.216 of Schedule 2 to the *Migration Regulations 1994*. This criterion relates to character requirements, often assessed through a National Police Certificate.

The Tribunal found that it was able to determine the matter in favour of the applicant without holding a hearing, pursuant to section 360(2)(a) of the *Migration Act 1958*. It reasoned that the material before it was sufficient to conclude that the applicant met the relevant public interest criterion. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets public interest criterion 4001 for the purposes of clause 408.216 of Schedule 2 to the *Migration Regulations 1994*.