Gelman (Migration)

The Administrative Appeals Tribunal considered an application by a New Zealand citizen seeking a Subclass 461 (New Zealand Citizen Family Relationship (Temporary)) visa. The applicant's criminal history was a central issue in the assessment of their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 461 visa, specifically in light of their criminal record and the requirement for a statement from an appropriate authority, such as an Australian Federal Police National Police check.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing documentation. Pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth), the Tribunal found that the applicant met the criteria under Regulation 2.03AA(2). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant satisfies the specified visa criteria.