Bhandari (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Bhandari for a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether Mr. Bhandari met the criteria for the visa, particularly in light of his criminal history, which was evidenced by National Police Certificates provided during the review process.

The Tribunal was required to determine if Mr. Bhandari satisfied the relevant legislative criteria for the grant of a Subclass 485 visa, specifically Public Interest Criterion 4001 and clause 485.216(1) of Schedule 2 to the Migration Regulations 1994, in light of his criminal history.

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. Applying the material before it, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified criteria.