Lam (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 Temporary Graduate visa. The applicant sought review of a decision concerning their eligibility for this visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically in relation to the provision of a National Police Certificate. The Tribunal was required to determine if the information contained within the certificate, received after the initial decision, satisfied the relevant regulatory requirements.

The Tribunal's reasoning focused on the impact of new evidence submitted by the applicant. Upon receiving a National Police Certificate – Complete Disclosure (Name only) on 21 August 2019, the Tribunal was satisfied that the applicant had met the necessary criterion. Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the application for reconsideration, directing that the applicant be found to meet criterion cl.485.216 of Schedule 2 to the Regulations.