Quinn (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Quinn concerning a Subclass 408 (Temporary Activity) visa. The dispute centred on whether Quinn met the character requirements for the visa, specifically in relation to a statement from an appropriate authority, which in this instance was an Australian Federal Police (AFP) check indicating no disclosable court outcomes.

The primary legal issue before the AAT was to determine if the applicant satisfied the character test as prescribed by the relevant migration regulations for a Temporary Activity (Class GG) visa, Subclass 408. This involved assessing the sufficiency and interpretation of the AFP check provided.

The Tribunal, pursuant to 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 existing material. The Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria specified in clause 408.216 of Schedule 2 to the Regulations.