RASAILY (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa, a type of Skilled (Provisional) (Class VC) visa. The applicant's criminal history was a factor in the assessment of their eligibility.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the visa, specifically in relation to Public Interest Criterion 4001, in light of their criminal history as evidenced by an Australian Federal Police national police clearance certificate.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable conclusion for the applicant 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 for the Subclass 485 visa, including Public Interest Criterion 4001.