Bosanquet (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Bosanquet concerning a Temporary Skill Shortage (TSS) visa (subclass 482). The applicant had provided a Spanish Police Clearance Certificate as part of their application. The AAT, presided over by Member Phoebe Dunn, was tasked with reviewing a decision related to this visa application.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 482 visa, specifically in relation to the character requirements as evidenced by the Spanish Police Clearance Certificate. The Tribunal also had to determine whether a hearing was necessary for the resolution of the matter.

The Tribunal determined that a hearing was not required, as it was able to find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 482.217(1) of Schedule 2 to the Migration Regulations 1994 (Cth).