Sundararaju (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Sundararaju concerning a Temporary Skill Shortage (TSS) (Class GK) visa, Subclass 482. The dispute arose from the AAT's decision regarding Mr Sundararaju's eligibility for the visa, specifically in relation to his criminal history.

The primary legal issue before the AAT was whether it had made a decision without hearing necessary, contrary to the applicant's rights. This involved determining if the material before the Tribunal, including an Australian Federal Police (AFP) criminal history certificate, was sufficient to make a decision without a hearing, or if further consideration was warranted.

The Tribunal acknowledged that it had initially considered a hearing unnecessary, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth), as it believed it could find in favour of the applicant based on the existing material. However, upon review, the Tribunal determined that the application should be remitted for reconsideration. The Tribunal directed that the applicant meets the criteria specified in clause 482.217(1) of Schedule 2 to the Migration Regulations 1994 (Cth).