Sjaiful Bahri (Migration)

The Administrative Appeals Tribunal considered an application by Sjaiful Bahri concerning a Subclass 485 (Temporary Graduate) visa. The dispute arose after the Department of Home Affairs made a decision in relation to Mr. Bahri's visa application, which was subsequently reviewed by the Tribunal.

The primary legal issue before the Tribunal was whether Mr. Bahri met the criteria for the grant of a Subclass 485 visa, specifically in relation to character requirements as stipulated by cl 485.216 (PIC 4001) of Schedule 2 to the Migration Regulations 1994. The Tribunal was required to determine if the provided National Police Certificate, which recorded no disclosable outcomes against the applicant, satisfied the relevant character provisions.

The Tribunal, constituted by Member Jade Murphy, determined that a hearing was not necessary, as it could reach a favourable decision for the applicant based on the existing material, pursuant to s 360(2)(a) of the Migration Act 1958. The Tribunal reasoned that the applicant had satisfied the character requirements.

Consequently, the Tribunal remitted the application for reconsideration with a direction that Mr. Bahri meets the criteria under cl 485.216 (PIC 4001) of Schedule 2 to the Regulations.