Kitching (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Kitching concerning a Temporary Activity (Class GG) visa, Subclass 408. The applicant sought review of a decision relating to their eligibility for this visa, which involved considerations of their criminal history and the requirement for a statement from an appropriate authority.

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, which likely pertains to character requirements or the provision of necessary documentation. The Tribunal was required to determine if the existing material was sufficient to grant the visa or if further steps were necessary.

The Tribunal, applying s 360(2)(a) of the Migration Act 1958 (Cth), determined that a hearing was not necessary as it could find in favour of the applicant based on the material before it. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the specified criteria for the Subclass 408 visa.