Jang (Migration)

The Administrative Appeals Tribunal considered an application by Mr Jang for a Visitor (Class FA) visa, Subclass 600. The dispute concerned the applicant's eligibility for the visa, specifically in relation to evidence of his criminal history. The Tribunal, constituted by Member David McCulloch, was tasked with reviewing the decision.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 600 visa, particularly in light of his criminal history. The Tribunal was required to determine if the provided evidence, including an Australian National Police Certificate and certification from the Korean National Police Agency, was sufficient to assess the applicant's character requirements for the visa.

The Tribunal found that it was able to determine the application in favour of the applicant without holding a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Based on the material before it, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 600.213(1) of Schedule 2 to the Migration Regulations 1994 (Cth).