Kongsanoon (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa by Mr. Kongsanoon. The dispute concerned whether Mr. Kongsanoon met the criteria for this visa, specifically in relation to his criminal history, and whether a statement from an appropriate authority was required or had been adequately considered. The decision was made by Member Tim Connellan.

The primary legal issue before the Tribunal was to determine if Mr. Kongsanoon satisfied the criteria for the Subclass 485 visa, as set out in cl 485.216 of Schedule 2 to the Regulations. This involved assessing the implications of his criminal history and the evidence presented, including an Australian Federal Police (AFP) check.

The Tribunal found that it was able to determine the matter in favour of the applicant without holding a hearing, pursuant to s 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal remitted the application for reconsideration with a direction that Mr. Kongsanoon meets the relevant visa criteria.