Liao (Migration)

The Administrative Appeals Tribunal considered an application by Ms. Liao for a Temporary Activity (Class GG) visa, Subclass 408. The dispute concerned whether Ms. Liao met the criteria for this visa, particularly in relation to her criminal history.

The Tribunal was required to determine whether it had sufficient information to make a decision without a hearing, and if not, what the appropriate course of action should be. Specifically, the Tribunal had to consider the implications of the Australian Federal Police national police certificate provided, which indicated no disclosable outcomes.

The Tribunal found that it had not been necessary to hold a hearing 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 (Cth). However, the Tribunal ultimately remitted the application for reconsideration, directing that the applicant meets the criteria under Regulation 2.003AA(2)(a) for Public Interest Criterion 4001 and clause 408.216(1) of Schedule 2 to the Regulations.