JAPARA (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Temporary Activity visa (Subclass 408) made by an applicant. The dispute concerned the applicant's eligibility for the visa, with the Tribunal ultimately receiving a National Police Clearance Certificate from Papua New Guinea as part of the material before it.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 408 visa, specifically in relation to cl 408.216 of Schedule 2 to the Regulations. The Tribunal was required to determine if the material before it was sufficient to make a decision in favour of the applicant without a formal hearing.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the existing material, pursuant to s 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.