Thummalapalli (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Thummalapalli for a Subclass 485 (Temporary Graduate) visa. The dispute concerned whether the applicant met the criteria for this visa, specifically in relation to character requirements.

The primary legal issue before the Tribunal was whether the applicant satisfied the requirements of cl 485.216 of Schedule 2 to the *Migration Regulations 1994* (Cth), which incorporates Public Interest Criterion 4001. This criterion relates to the provision of a National Police Certificate and the absence of disclosable outcomes.

The Tribunal found that it was able to determine the matter in favour of the applicant without a hearing, pursuant to s 360(2)(a) of the *Migration Act 1958* (Cth). Based on the material before it, the Tribunal concluded that the applicant met the relevant criteria.

Consequently, the Tribunal remitted the application for reconsideration with a direction that the applicant meets the criteria for a Subclass 485 visa, specifically cl 485.216 (PIC 4001) of Schedule 2 to the Regulations.