Kumar (Migration)

This matter concerned an application for a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa, brought before the Administrative Appeals Tribunal by an applicant identified as Kumar. The core of the dispute revolved around the applicant's compliance with Public Interest Criterion 4001, specifically in relation to the provision of a National Police Certificate.

The Tribunal was required to determine whether the applicant met the requirements of Public Interest Criterion 4001, having provided a copy of a National Police Certificate which recorded no disclosable outcomes against the applicant. This determination was central to the applicant's eligibility for the Subclass 485 visa.

The Tribunal, finding it unnecessary to hold a hearing pursuant to s 360(2)(a) of the Migration Act 1958 (Cth), concluded that the applicant met the relevant criteria. It remitted the application for reconsideration, directing that the applicant satisfied Regulation 2.03AA(2)(a) for the purposes of Public Interest Criterion 4001 and cl 485.216 of Schedule 2 to the Migration Regulations 1994 (Cth).