Cheung (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, subclass 408, made by Mr. Cheung. The dispute concerned whether Mr. Cheung met the character requirements for the visa, specifically Public Interest Criterion 4001, which relates to the applicant's criminal record.

The primary legal issue before the Tribunal was whether Mr. Cheung satisfied the character test as required by the Migration Regulations 1994. This involved assessing the significance of a statement from an appropriate authority, in this instance, an Australian Federal Police certificate indicating no disclosable court outcomes.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing documentation. Applying the provisions of section 360(2)(a) of the Migration Act 1958, the Tribunal found that Mr. Cheung met Public Interest Criterion 4001 for the purposes of clause 408.216 of Schedule 2 to the Migration Regulations 1994. Consequently, the Tribunal remitted the application for reconsideration with this direction.