Hoysang (Migration)

This matter concerned an application for review of a decision by the Migration Review Tribunal regarding a Temporary Activity (Class GG) visa, Subclass 408. The applicant sought review of the Tribunal's decision, which had considered the applicant's criminal history in its assessment.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 408 visa, specifically in light of their criminal history and the information contained in an Australian Federal Police National Police Certificate. The Tribunal was required to determine if the applicant satisfied Public Interest Criterion 4001 and clause 408.216(1) of Schedule 2 to the Regulations.

The Tribunal determined that a hearing was not necessary, 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 specified criteria for the Subclass 408 visa.