Obama (Migration)

This matter concerned an application for review of a decision by the Department of Home Affairs regarding a Temporary Activity (Class GG) visa, Subclass 408. The applicant sought review of the Department's decision before the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a Subclass 408 visa, particularly in light of their criminal history, which had been addressed by the provision of an Australian Federal Police Clearance Certificate during the review process.

The Tribunal, constituted by Jade Murphy, determined that a hearing was not necessary as it could find in favour of the applicant based on the material before it, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). The Tribunal therefore remitted the application for reconsideration, with a direction that the applicant met the criteria under Regulation 2.03AA(2) of the Migration Regulations 1994 (Cth).