Kaur (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 485 (Temporary Graduate) visa. The applicant, Ms Kaur, sought review of a decision concerning her eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically in relation to her criminal history as evidenced by an Australian Federal Police (AFP) check. The Tribunal was required to determine if it could make a decision in favour of the applicant based on the material before it, without necessarily holding a hearing.

The Tribunal found that it was able to determine the application in favour of the applicant pursuant to section 360(2)(a) of the Migration Act 1958 (Cth), meaning a hearing was not considered necessary. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 485.216 of Schedule 2 to the Migration Regulations 1994 (Cth).