Kola (Migration)

The Administrative Appeals Tribunal considered an application by Kola (Migration) for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate). The applicant's eligibility for the visa was in question due to their criminal history.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 485 visa, specifically in relation to Public Interest Criterion 4001 and clause 485.216(1) of Schedule 2 to the Regulations, in light of their criminal history.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the material provided. Pursuant to section 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal remitted the application for reconsideration. The direction was that the applicant meets the specified criteria for the visa.