Hu (Migration)

The applicant, Hu, sought judicial review of a decision made by the Administrative Appeals Tribunal concerning an application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The core of the dispute revolved around the applicant's eligibility for the visa, with the Tribunal having previously considered an Australian Federal Police (AFP) Complete Disclosure certificate.

The primary legal issue before the Court was whether the applicant met the criteria for the Subclass 485 visa, particularly in relation to regulation 2.003AA(2)(a). The Court was required to determine if the Tribunal had erred in its assessment of this criterion.

The Court found that the applicant satisfied regulation 2.003AA(2)(a). Based on this finding, the Tribunal was directed to reconsider the applicant's visa application, with the explicit instruction that the applicant meets the specified criterion for the Subclass 485 visa. The Tribunal's decision was therefore remitted for reconsideration in accordance with this direction.