CANA (Migration)

The Administrative Appeals Tribunal (CANA) considered an application for a Temporary Activity (Class GG) visa, subclass 408. The applicant sought review of a decision concerning their eligibility for the visa, specifically in relation to their criminal history. The Tribunal ultimately remitted the application for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met Public Interest Criterion (PIC) 4001, which is a requirement for the subclass 408 visa under clause 408.216(1) of Schedule 2 to the *Migration Regulations 1994* (Cth). This criterion relates to the applicant's character and criminal record.

The Tribunal determined that it was able to find in favour of the applicant based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). The applicant had provided criminal history statements from both Australia and their home country, which reported no adverse records. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets PIC 4001.