Kim (Migration)

This matter concerned an application for review of a decision relating to a Temporary Activity visa (Subclass 408). The applicant had provided Australian Federal Police certificates indicating "no disclosable court outcomes." The Administrative Appeals Tribunal, constituted by Jade Murphy, Member, was required to determine whether the applicant met the criteria for the visa.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of cl 408.216 of Schedule 2 to the Regulations, specifically in relation to Public Interest Criterion 4001 (PIC 4001). This criterion typically relates to character requirements, often involving the disclosure of criminal convictions.

The Tribunal found that a hearing was not necessary, as it could determine the matter based on the existing material before it, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the criteria for the Subclass 408 visa, including cl 408.216 (PIC 4001).