Osias (Migration)

The Administrative Appeals Tribunal considered an application by Osias for a Temporary Activity (Class GG) visa, Subclass 408. The applicant sought review of a decision concerning their eligibility for this visa, specifically in relation to the character test requirements.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the Subclass 408 visa, particularly concerning the character provisions. This involved assessing the adequacy of the information provided to satisfy the character test, which typically requires statements from appropriate authorities such as an Australian Federal Police (AFP) certificate or an FBI Criminal History check.

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 was that the applicant meets the criteria specified in clause 408.216 of Schedule 2 to the Migration Regulations 1994 (Cth).