Go (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to their criminal history and the requirement for a statement from an appropriate authority.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, particularly concerning the assessment of their criminal history and the sufficiency of the evidence provided, such as an Australian Federal Police (AFP) check.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). The Tribunal found that the applicant met the relevant criteria, specifically cl 485.216 of Schedule 2 to the *Migration Regulations 1994* (Cth).

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the Subclass 485 visa.