Thongnapho (Migration)

The Administrative Appeals Tribunal (the Tribunal) considered an application for a Temporary Activity visa (Subclass 408) by the first applicant, with the second applicant included. The dispute concerned whether the applicants met the criteria for this visa subclass.

The primary legal issue before the Tribunal was to determine if the first applicant met the criteria specified in clause 408.216 and clause 408.311 of Schedule 2 to the Regulations for a Subclass 408 visa.

The Tribunal determined that a hearing was not necessary, as it could reach a favourable decision for the applicants based on the existing material, pursuant to section 360(2)(a) of the Migration Act 1958 (Cth). Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant meets the specified criteria.