Chinniah (Migration)

The Administrative Appeals Tribunal considered an application by Mr. Chinniah concerning a Subclass 600 (Visitor) visa. The dispute centred on whether Mr. Chinniah met the character requirements for the visa, specifically in relation to a statement from an appropriate authority. The decision was made by Member Paul Windsor.

The primary legal issue before the Tribunal was whether the applicant satisfied the character test as prescribed by the *Migration Regulations 1994* (Cth) for a Visitor (Class FA) visa. This involved assessing the adequacy and interpretation of a Digital National Police Certificate issued by the Australian Federal Police, which indicated no disclosable court outcomes.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal found that the applicant met the criteria for the visa.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 600.213(1) of Schedule 2 to the Regulations.