Tomayao Jr (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Business Entry (Class UC) Subclass 457 (Temporary Work (Skilled)) visa. The applicant, Mr. Tomayao Jr, had undergone a criminal history check as part of the visa application process. The dispute centred on whether Mr. Tomayao Jr met the character requirements for the visa, specifically Public Interest Criterion 4001, which relates to criminal convictions.

The primary legal issue before the Tribunal was to determine whether the applicant satisfied the character requirements for the Subclass 457 visa, given the information available regarding his criminal history. This involved assessing the weight and relevance of the evidence presented concerning any past criminal conduct.

The Tribunal had before it a criminal check from the Ghana Police dated 3 December 2018, indicating no record of the applicant in their system, and a national police certificate from the Australian Federal Police dated 28 August 2019, confirming no disclosable court outcomes. In light of this new evidence, the Tribunal was satisfied that the applicant met the relevant criterion. Consequently, the Tribunal remitted the application for reconsideration, directing that the applicant meets Public Interest Criterion 4001 for the purposes of clause 457.224(1) of Schedule 2 to the Regulations.