Benjaminsen (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Temporary Activity visa (Subclass 408) made by the first applicant, with the second applicant included. The dispute concerned whether the applicants met the criteria for the visa, with the Tribunal ultimately remitting the decision for reconsideration.

The primary legal issue before the Tribunal was whether the applicants satisfied the criteria for a Subclass 408 visa, specifically clauses 408.216 and 408.311 of Schedule 2 to the Regulations. The Tribunal was required to determine if these criteria could be met based on the material before it, including an Australian Federal Police check for both applicants.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicants on the basis of the material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified criteria for the Subclass 408 visa.