Ginigalgodage (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ginigalgodage for a Temporary Activity visa (Subclass 408). The dispute concerned whether the applicant met the criteria for this visa, with the Tribunal ultimately remitting the application for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the criteria specified in 2.03AA(2)(a) of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the material before it was sufficient to make a favourable decision on this criterion.

In reaching its decision, the Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the relevant visa criteria.