Gallagher (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (TSS) visa (Subclass 482) by an applicant with a criminal history. The applicant had provided an Australian Federal Police digital national police certificate which indicated no disclosable court outcomes.

The primary legal issue before the Tribunal was whether the decision to refuse the visa had been made without a hearing when such a hearing was necessary. The Tribunal was required to determine if the applicant met the criteria for the visa, specifically in relation to Regulation 2.08AA.

The Tribunal found that it was able to find in favour of the applicant based on the material before it, 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 criteria for the Subclass 482 visa.