Namsraidorj (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa by the applicants, Namsraidorj. The dispute concerned whether the applicants met the character requirements for the visa, specifically in relation to their criminal history.

The primary legal issue before the Tribunal was whether it had sufficient information to make a decision on the visa application without holding a hearing, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). The applicants had provided Australian Federal Police national police certificates which stated there were no disclosable court outcomes.

The Tribunal found that it had not been able to make a decision in favour of the applicants on the basis of the material before it, despite initially believing a hearing was unnecessary. Consequently, the Tribunal remitted the application for reconsideration, with a direction that the applicants meet the criteria specified in Regulation 2.03AA(2)(a) of the Migration Regulations 1994.