TANAKA (Migration)

The Administrative Appeals Tribunal considered an application by Mr Tanaka for a Temporary Activity (Class GG) visa, Subclass 408. The dispute concerned the Tribunal's decision-making process in relation to Mr Tanaka's criminal history, as evidenced by an Australian Federal Police national police certificate which disclosed no disclosable outcomes.

The primary legal issue before the Tribunal was whether it had erred in making a decision without holding a hearing, despite the applicant's criminal history statement indicating no disclosable outcomes. The Tribunal was required to determine if the material before it was sufficient to make a favourable decision under section 360(2)(a) of the Migration Act 1958 (Cth) and whether the applicant met the criteria for the visa.

The Tribunal reasoned that a hearing was not necessary as it could determine the application in favour of the applicant based on the provided material. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant be found to meet the criteria under Regulation 2.03AA(2)(a) for Public Interest Criterion 4001 and clause 408.216(1) of Schedule 2 to the Migration Regulations 1994 (Cth).