Gomez Schweizer (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 (Temporary Activity). The applicant, Mr. Gomez Schweizer, had provided an Australian Federal Police National Police Certificate during the review process.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 408 visa, particularly in light of any criminal history disclosed in the police certificate. The Tribunal was required to determine if a hearing was necessary to resolve this issue.

The Tribunal, constituted by Member Angela Julian-Armitage, determined that a hearing was not required as it could find in favour of the applicant based on the existing material, pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 408.216 of Schedule 2 to the *Migration Regulations 1994* (Cth).