HEARN (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant with a criminal history. The AAT was presented with an Australian Federal Police (AFP) national police certificate which indicated no disclosable outcomes.

The primary legal issue before the AAT was whether a hearing was necessary to determine the applicant's eligibility for the visa, particularly in light of the criminal history information provided. The AAT was required to consider the provisions of the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth) concerning the assessment of visa applications and the necessity of hearings.

The AAT determined that a hearing was not necessary pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth), as it was able to find in favour of the applicant based on the material before it. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a Subclass 408 visa, specifically referencing Regulation 2.003AA(2)(a) for the purposes of Public Interest Criterion 4001 and clause 408.216(1) of Schedule 2 to the Regulations.