HUANG (Migration)

This matter concerned an application for review of a decision by the Administrative Appeals Tribunal (AAT) regarding a Temporary Activity (Class GG) visa, Subclass 408. The applicant, Mr Huang, sought review of the AAT's decision.

The primary legal issue before the Tribunal was whether Mr Huang met the criteria for a Subclass 408 visa, specifically in relation to his criminal history, and whether a hearing was necessary to determine this.

The Tribunal found that it was able to determine the application in favour of the applicant without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). This was based on the material before it, including an Australian Federal Police Clearance Certificate provided upon review. The Tribunal therefore remitted the application for reconsideration with a direction that the applicant met the criteria under Regulation 2.03AA(2).