Tjhan (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa (Subclass 482) by Mr. Tjhan and his spouse. The primary dispute concerned whether Mr. Tjhan met the criteria for the visa, particularly in light of his criminal history.

The Tribunal was required to determine whether it had sufficient information to make a decision on the visa application without holding a hearing, and if so, whether Mr. Tjhan met the relevant visa criteria. Specifically, the Tribunal had to consider the implications of the Australian Federal Police (AFP) certificates provided regarding Mr. Tjhan's criminal history.

The Tribunal concluded that it had not made a decision based on sufficient material and that a hearing was necessary. Although the Tribunal initially believed it could decide the matter under section 360(2)(a) of the Migration Act 1958 (Cth) without a hearing, it ultimately found that it could not make a final determination on the merits of the application. Consequently, the Tribunal remitted the application for reconsideration with a direction that the first applicant, Mr. Tjhan, meets the criteria under clause 482.217(1) of Schedule 2 to the Migration Regulations 1994 (Cth).