Mohammed (Migration)

This matter concerned an application for a Subclass 485 (Temporary Graduate) visa, a skilled provisional visa. The applicant sought review of a decision made by the Department of Home Affairs. The case came before the Administrative Appeals Tribunal (AAT) for reconsideration.

The primary legal issue before the Tribunal was whether the applicant met the character requirements for the visa, specifically concerning the provision of a statement from an appropriate authority, such as a police clearance certificate from the Government of India. The Tribunal was required to determine if the existing material was sufficient to satisfy this criterion.

The Tribunal, exercising its powers under section 360(2)(a) of the Migration Act 1958 (Cth), determined that a hearing was not necessary as it could find in favour of the applicant based on the material before it. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first named applicant meets the criteria specified in regulation 2.03AA(2)(a) of Schedule 2 to the Migration Regulations 1994 (Cth).