Maharjan (Migration)

The Administrative Appeals Tribunal considered an application for a Skilled (Provisional) (Class VC) visa, subclass 485 (Temporary Graduate) visa, by Mr. Maharjan and another applicant. The dispute concerned the applicants' eligibility for the visa, specifically in relation to their criminal history.

The primary legal issue before the Tribunal was whether the applicants met the requirements of Public Interest Criterion 4001, which relates to character and criminal history, for the purposes of clause 485.216(1) of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the evidence of criminal history provided, specifically a national police certificate showing no disclosable outcomes, was sufficient to satisfy this criterion.

The Tribunal determined that a hearing was not necessary, as it was able to find in favour of the applicants based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958. The Tribunal remitted the application for reconsideration with a direction that the first applicant meets the requirements of Public Interest Criterion 4001.