Collins (Migration)

The Administrative Appeals Tribunal considered the eligibility of a visa applicant for a Special Category (Temporary) (Class TY) Subclass 444 visa. The applicant failed to attend a hearing before the Tribunal, and the Tribunal also had regard to a criminal conviction of the applicant.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of the Subclass 444 visa, particularly in light of their status as a 'behavioural concern non-citizen' and their failure to attend the hearing.

The Tribunal affirmed the decision under review, finding that the applicant was not eligible for the visa. This decision was made having regard to the applicant's criminal conviction and their failure to attend the scheduled hearing, which prevented the Tribunal from fully assessing their circumstances.