Kowall (Migration)

The applicant, Kowall, sought review of a decision concerning their application for a Skilled (Provisional) (Class VC) visa, specifically a Subclass 485 (Temporary Graduate) visa. The dispute centred on whether the applicant met the character test requirements. The decision under review was made by the Administrative Appeals Tribunal (AAT).

The primary legal issue before the AAT was whether the applicant satisfied Public Interest Criterion 4001, which is a component of the character test for the Subclass 485 visa. This criterion requires an applicant to provide a statement from an appropriate authority, such as a National Police Certificate, confirming no disclosable court outcomes.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the existing material, pursuant to s.360(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the requirements of Public Interest Criterion 4001 for the purposes of cl.485.216(1) of Schedule 2 to the Migration Regulations 1994.