Evans (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal regarding a Temporary Activity (Class GG) visa, Subclass 408. The applicant, Mr Evans, had provided an Australian Federal Police National Police Certificate and an Argentinian criminal record certificate.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 408 visa, specifically in relation to his criminal history and the requirements of Public Interest Criterion 4001 and clause 408.216(1) of Schedule 2 to the *Migration Regulations 1994* (Cth).

The Tribunal, constituted by Member Sean Baker, determined that a hearing was not necessary as it could find in favour of the applicant based on the existing material, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal remitted the application for reconsideration with a direction that the applicant met the specified criteria.