Jakubowska (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Ms. Jakubowska for a Subclass 408 Temporary Activity visa. The dispute concerned whether Ms. Jakubowska met the criteria for this visa, specifically in relation to character requirements, as evidenced by Australian Federal Police certificates indicating "no disclosable court outcomes."

The primary legal issue before the Tribunal was to determine if Ms. Jakubowska satisfied the criteria for the Subclass 408 visa, particularly paragraph 408.216 of Schedule 2 to the Regulations, which relates to the character requirement (PIC 4001).

The Tribunal, per Jade Murphy, Member, 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 Ms. Jakubowska meets the specified criteria for the Subclass 408 visa.