Li (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs regarding a Skilled (Provisional) (Class VC) visa, Subclass 485 (Temporary Graduate) visa. The applicant, Ms Li, had a criminal history which was a factor in the Department's decision. The review was heard by Jade Murphy, a Member of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Ms Li met the criteria for the grant of a Subclass 485 visa, specifically in light of her criminal history and the information provided in an Australian Federal Police National Police Clearance Certificate. The Tribunal was required to determine if the applicant satisfied the relevant criteria as set out in cl 485.213 of Schedule 2 to the Migration Regulations 1994.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicant based on the material before it, 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 specified criteria for the visa.