Ganapathy Prakash (Migration)

The Administrative Appeals Tribunal considered an application by Ganapathy Prakash for a Temporary Activity (Class GG) visa, subclass 408. The dispute concerned whether Mr. Prakash met public interest criterion 4001, which relates to character requirements, in relation to his application for this visa.

The primary legal issue before the Tribunal was whether Mr. Prakash satisfied public interest criterion 4001, as required by clause 408.216 of Schedule 2 to the *Migration Regulations 1994*. This criterion is relevant to the grant of a Temporary Activity visa and is assessed by reference to an applicant's criminal history.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the *Migration Act 1958*. The Tribunal remitted the application for reconsideration with a direction that Mr. Prakash meets public interest criterion 4001 for the purposes of clause 408.216 of Schedule 2 to the *Migration Regulations 1994*. This outcome was based on the provision of an Australian Federal Police national police check which indicated no disclosable outcomes.