Jellema (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, made by Mr. Jellema. The primary dispute concerned whether Mr. Jellema met the character requirements for the visa, specifically in relation to his criminal history and the need for a statement from an appropriate authority, such as a National Police Certificate.

The Tribunal was required to determine if Mr. Jellema satisfied Public Interest Criterion 4001 for the purposes of clause 482.217(1) of Schedule 2 to the Migration Regulations 1994. This involved assessing whether the information before the Tribunal was sufficient to conclude that Mr. Jellema met the necessary criteria, despite potential concerns arising from his criminal history.

The Tribunal found that a hearing was not necessary, as it could determine the matter based on the existing material. Pursuant to section 360(2)(a) of the Migration Act 1958, the Tribunal remitted the application for reconsideration. The direction was that the applicant meets the criteria for the Subclass 482 visa, specifically Public Interest Criterion 4001.