Kim (Migration)

The Administrative Appeals Tribunal (AAT) considered the application of Mr. Kim for a Temporary Activity (Class GG) visa, Subclass 408 (Temporary Activity). The dispute concerned whether Mr. Kim met the criteria for the visa, specifically in relation to his criminal history.

The primary legal issue before the Tribunal was whether it was necessary to hold a hearing to determine Mr. Kim's eligibility for the visa, given the documentation provided regarding his criminal history. The Tribunal was required to assess whether the material before it was sufficient to make a decision without a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth).

The Tribunal determined that a hearing was not necessary as it was able to find in favour of the applicant based on the material presented. Specifically, the Tribunal found that Mr. Kim met the criteria under Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and clause 408.216(1) of Schedule 2 to the Migration Regulations 1994 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets these specified criteria.