Gurung (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Gurung for a review of a decision concerning his application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute revolved around the adequacy of the documentation provided by Mr Gurung, particularly a copy of a National Police Certificate.

The Tribunal was required to determine whether Mr Gurung met the criteria for the Subclass 485 visa, as set out in cl 485.216 of Schedule 2 to the *Migration Regulations 1994* (Cth). This involved assessing the sufficiency and acceptability of the police certificate provided by the applicant.

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 material already before it, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr Gurung meets the specified criteria for the visa.