Bommakanti (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs regarding a Temporary Activity visa (Subclass 408). The applicant had provided Australian Federal Police certificates indicating "no disclosable court outcomes" and a police clearance from India. The Administrative Appeals Tribunal, constituted by Jade Murphy, was tasked with determining whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of Schedule 2 to the Regulations, specifically clause 408.216 concerning Public Interest Criterion 4001. This criterion relates to the applicant's criminal record and the need to be of good character.

The Tribunal found that it was able to determine the matter in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Based on the material before it, the Tribunal concluded that the applicant met the relevant criteria. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a Subclass 408 visa, specifically cl 408.216 (PIC 4001) of Schedule 2 to the Regulations.