Sudan (Migration)

The Administrative Appeals Tribunal considered an application for a Subclass 485 (Temporary Graduate) visa by the applicant, referred to as Sudan, and members of her family unit. The dispute arose because evidence of criminal history was not provided with the initial visa application. The Tribunal received updated national police certificates during its review process.

The primary legal issue before the Tribunal was whether it was necessary to hold a hearing to determine the application, given the material that had become available. The Tribunal was required to consider the provisions of section 360(2)(a) of the Migration Act 1958 (Cth) and Regulation 2.03AA(2)(a) and clause 485.216(1) of Schedule 2 to the Migration Regulations 1994 (Cth) in relation to Public Interest Criterion 4001.

The Tribunal determined that a hearing was not necessary because it was able to find in favour of the applicants based on the material before it, pursuant to section 360(2)(a) of the Act. The Tribunal remitted the application for reconsideration with a direction that the first applicant met the specified criteria for the visa.