Mirzai Shishjavani (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Mirzai Shishjavani concerning an application for a Temporary Activity (Class GG) visa, Subclass 408. The dispute centred on the applicant's criminal history and its impact on their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Subclass 408 visa, specifically in light of their criminal history as evidenced by an Australian Federal Police Clearance Certificate. The Tribunal was required to determine if the applicant satisfied the relevant legislative requirements, including those stipulated by Regulation 2.03AA(2) of the Migration Regulations.

In its reasoning, the Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicants based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified criteria for the Subclass 408 visa.