Ghimire (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs regarding a Temporary Activity (Class GG) visa, Subclass 408. The applicants sought to challenge the Department's assessment of their eligibility for the visa, specifically concerning the character test requirements. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicants satisfied the character requirements stipulated for the Subclass 408 visa. This involved determining whether the applicants had provided sufficient evidence, such as an Australian Federal Police certificate, to demonstrate that they met the public interest criteria, specifically Public Interest Criterion 4001, as required by the Migration Regulations 1994.

The Tribunal found that it was able to reach a favourable decision for the applicants based on the material before it, without the need for a hearing, pursuant to section 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration. The direction for reconsideration was that the first applicant meets Public Interest Criterion 4001 for the purposes of clause 408.216 of Schedule 2 to the Migration Regulations 1994, and the second applicant meets Public Interest Criterion 4001 for the purposes of clause 408.317 of Schedule 2 to the Migration Regulations 1994.