Liew (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Subclass 485 (Temporary Graduate) visa made by the applicant, Liew. The dispute concerned whether the applicant met the requirements for the visa, specifically in relation to an Australian Federal Police Check.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied regulation 2.03AA(2) of the Migration Regulations 1994, which pertains to character requirements, particularly in light of the Australian Federal Police Check provided by the applicant indicating no criminal record in Australia.

The Tribunal found that the applicant met the criteria stipulated in regulation 2.03AA(2). Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the specified criteria for the Subclass 485 visa.