Lim (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Temporary Activity visa (Subclass 408) made by the applicant. The dispute concerned whether the applicant met the criteria for this visa, with the Tribunal having received both an Australian Federal Police (AFP) national police clearance certificate and an overseas police clearance certificate from the Consulate General of Malaysia.

The primary legal issue before the Tribunal was to determine if the applicant satisfied the criteria for the Subclass 408 visa, specifically in relation to character requirements as evidenced by the police clearance certificates. The Tribunal was required to assess the provided documentation to make this determination.

In reaching its decision, 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* (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in cl 2.03AA(2)(a) of Schedule 2 to the *Migration Regulations 1994* (Cth).