Devine (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Devine concerning a Temporary Activity visa (Subclass 408). The applicant had provided Australian Federal Police certificates indicating "no disclosable court outcomes."

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 408 visa, specifically in relation to paragraph 408.216 of Schedule 2 to the *Migration Regulations 1994* (Cth), which incorporates Public Interest Criterion 4001.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for 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 specified criteria.