Nacionales (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Activity (Class GG) visa, Subclass 408, made by an applicant with a criminal history. The applicant sought review of a decision concerning their eligibility for the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 408 visa, specifically in light of their criminal history and the documentation provided to address this. The Tribunal was required to determine if the applicant's provided Australian and overseas police clearance certificates were sufficient to satisfy the relevant visa requirements.

The Tribunal determined that a hearing was not necessary, as it could resolve the matter based on the existing material. Pursuant to section 360(2)(a) of the *Migration Act 1958* (Cth), the Tribunal remitted the application for reconsideration. The direction for reconsideration was that the applicant meets the criteria specified in clause 408.216 of Schedule 2 to the *Migration Regulations 1994* (Cth).